Instructions on Court-Ordered Sealings/Expungement
These instructions provide a general overview for individuals seeking to seal or expunge a Florida criminal history record. They are not a substitute for legal advice or the applicable statutes. Consider consulting a qualified attorney.
Florida Statutes: §943.045, 943.0581, 943.0585, 943.059.
Apply for a Certificate of Eligibility (FDLE)
Before you can file your petition to expunge or seal your criminal history record with the court, you must apply to the Florida Department of Law Enforcement for a certificate of eligibility for sealing or expungement.
Application Packet Requirements
The application for the certificate of eligibility must include:
A money order, cashier’s check, or certified check for $75.00 made payable to: Florida Department of Law Enforcement.
This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.
Section A must be completed by you, and if you are seeking an expungement in addition to Section A, Section B must be completed by the State Attorney’s Office, Sealing and Expungement Section, at 2725 Judge Fran Jamieson Way, Viera, FL, 32940.
The application (form number FDLE 40-021) may be obtained from either:
The Clerk of Court
- 400 South Street, 2nd Floor, West, Titusville, FL
- 2575 N. Courtenay Pkwy, Room 129, Merritt Island, FL
- 2825 Judge Fran Jamieson Way, Viera, FL
- 51 S. Nieman Avenue, Melbourne, FL
- 450 Cogan Drive, SE, Palm Bay, FL
Florida Department of Law Enforcement
- Expunge Section
Post Office Box 1489
Tallahassee, FL 32302 - Phone: (850) 410-7870
Online
A legible set of fingerprints recorded on an FBI Application Card (Form 40-024). The fingerprinting must be done by a law enforcement agency.
The Applicant Fingerprint Card may be obtained from the Florida Department of Law Enforcement at the address listed in the section above or by visiting their website at fdle.state.fl.us.
A certified copy of the disposition of the charge(s) to which the petition to expunge or seal pertains. This can be obtained from the Clerk of the Court in the County where your case was heard/disposed. You must pay any fees required by the Clerk for this service.
The Complete application packet should be mailed or delivered to: Accounting and Budgeting, Florida Department of Law Enforcement, Post Office Box 1489, Tallahassee, Florida 32302.
Submission Address
The complete application packet should be mailed or delivered to:
Accounting and Budgeting,
Florida Department of Law Enforcement,
Post Office Box 1489,
Tallahassee, Florida 32302
Review Process
If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to you with an indication as to the reason for non-acceptance. If the application packet is complete, the Department will review it to determine if it meets the requirements for sealing or expungement. The Department will send you, via certified mail, return receipt requested, a certification of eligibility if your criminal history records meet the requirements or a letter stating the reason for ineligibility.
Eligibility Requirements
The following requirements must be met before the Department will issue you a Certificate of Eligibility.
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You have never previously been adjudicated guilty of a criminal offense or comparable ordinance violation.
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You have not been adjudicated guilty of any of the charges stemming from the arrest or alleged criminal activity to which the petition pertains.
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You have never secured a prior sealing or expungement of a criminal history record under 943.059, 943.0585, former s. 893.14, former s. 901.33, or former s. 943.058, or from any jurisdiction outside the state.
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You are eligible for such a sealing or expungement to the best of your knowledge or belief, and do not have any other petition to expunge or any petition to seal pending before any court.
Ineligible Offences
No sealing or expungement of criminal history records that relate to certain violations where the defendant was found or pled guilty (without regard to whether adjudication was withheld) is allowed.
Those “no sealing/expungement” violations are:
- Sexual misconduct with a developmentally disabled person (§ 393.135)
- Sexual misconduct with a mental health patient (§ 394.4593)
- Luring or enticing a child (§ 787.025)
- Sexual battery (Chapter 794)
- Lewd or lascivious offenses involving minors (§ 800.04)
- Organized fraud (§ 817.034)
- Lewd or lascivious offenses against elderly or disabled persons (§ 825.1025)
- Sexual performance by a child (§ 827.071)
- Offenses by public officers (Chapter 839)
- Obscene material involving minors (§§ 847.0133–847.0145)
- Drug trafficking (§ 893.135)
- Sexual misconduct involving mentally deficient defendants (§ 916.1075)
Including any attempt or conspiracy to commit:
- Arson, homicide, and manslaughter
- Kidnapping, robbery, carjacking
- Sexual battery
- Aggravated assault or battery
- Child abuse or aggravated child abuse
- Domestic violence (§ 741.28)
- Home invasion or home‑invasion robbery
- Terrorism (§ 775.30)
- Lewd or sexual offenses involving minors
Court Filing Requirements
Required Court Forms
Available from the Clerk’s Office or online:
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Affidavit for Expungement (1 page, notarized)
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Affidavit for Sealing (1 page, notarized)
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Petition to Expunge Criminal Record (2 pages)
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Petition to Seal Criminal Record (2 pages)
Filing Fees
The statutory fees required by the Clerk of the Court are:
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$42.00 filing fee
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$1.00 per page for copies
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$2.00 for certification of the court order
File With the Clerk of Court
You must file, with the Clerk of Courts, the original Petition, Affidavit, and Certificate, along with the appropriate fees, before the Judge will be able to rule on your case.
Distribution of the Court Order
Certified copies of the sealing or expungement order must be sent to all law enforcement agencies holding your record.
Typical Certified Copy Costs
The price ranges from $12.00 – $20.00, depending on the agencies involved.
Common recipients may include:
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Sheriff’s Office (arresting agency)
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State Attorney
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Defense Attorney or Defendant
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Probation or Pre‑Trial Services