Seal and Expungement

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A past arrest or criminal case does not always need to define your future. Even when charges were dismissed or never filed, a criminal record can continue to appear on background checks and create barriers to employment, housing, professional licensing, and financial opportunity.

Florida law provides a legal process for certain individuals to seal or expunge eligible criminal records. When available, these remedies can significantly reduce the long-term impact of a criminal matter and allow people to move forward with greater confidence.

At The Tancredo Law Firm, P.A., we assist individuals in evaluating eligibility, navigating the statutory requirements, and completing the record sealing or expungement process carefully and correctly.

Although often discussed together, record sealing and record expungement are distinct legal remedies.

Record Sealing
When a record is sealed, it is removed from public view and made confidential. Sealed records generally will not appear in public background searches and cannot be accessed by most employers or members of the public. However, the existence of the record may still be disclosed in limited circumstances, including when applying for certain sensitive positions or licenses.

Record Expungement
Expungement goes a step further. When a record is expunged, the physical records held by most agencies are destroyed. One confidential copy is retained by the Florida Department of Law Enforcement for law enforcement purposes only. For most practical purposes, expungement offers the highest level of record relief available under Florida law.

In both cases, outside of specific statutory exceptions, individuals are generally permitted to lawfully deny or fail to acknowledge the sealed or expunged record.

Eligibility for sealing or expungement depends on several factors, including the outcome of the case and a person’s criminal history.

In general:

• You may be eligible if charges were never filed, were dismissed, or adjudication was withheld
   
• You must not have been adjudicated guilty of a disqualifying offense
   
• You may only seal or expunge a criminal record once in your lifetime, with limited statutory exceptions
   
• Certain offenses are never eligible, even if adjudication was withheld
   

Florida law also provides special relief provisions for individuals who were arrested or charged as a result of being victims of human trafficking.

Eligibility is fact-specific, and even small details in a case disposition can make a significant difference.

Record sealing and expungement follow a two-step legal process:

1. Certificate of Eligibility
   The process begins with an application to the Florida Department of Law Enforcement. This application includes fingerprinting, a certified disposition of the case, and required forms. FDLE reviews the application to determine whether the statutory criteria are met.
    
2. Court Petition
   If a certificate of eligibility is issued, a formal petition must then be filed with the appropriate court. The court has discretion and reviews the petition, supporting documents, and any objections before entering an order granting or denying relief.
    

Timing can vary. Some matters move quickly, while others take longer depending on agency processing and court schedules.

Even after sealing or expungement, Florida law requires disclosure in certain limited situations, such as applications involving:

• Criminal justice agencies
   
• Certain state licensing bodies
   
• Positions involving children, the elderly, or vulnerable populations
   
• Firearm purchases
   

Understanding these exceptions is critical so that clients remain compliant while still benefiting from record relief.

Record sealing and expungement are statutory processes with strict eligibility rules and documentation requirements. Errors, omissions, or misunderstandings can delay or derail an otherwise valid petition.

Our office approaches these matters with precision and efficiency, using structured review, documentation checklists, and careful filing to give each petition the best chance of success under Florida law.

For eligible individuals, record sealing and expungement can remove a significant barrier to opportunity. It is not about rewriting history, but about allowing a resolved matter to remain where it belongs, in the past.

If a prior criminal case is affecting your employment, housing, or peace of mind, we invite you to contact The Tancredo Law Firm, P.A. to discuss whether record sealing or expungement may be available to you.