If you’ve ever been arrested in Florida, you already know how damaging a criminal record can be. Even if your case was dropped, dismissed, or never filed, that record can still follow you—impacting jobs, housing, education, and your future.
The good news? Florida law offers a second chance through record sealing and expungement.
At Gans Law, we help clients across Orlando, Orange County, Seminole County, and Osceola County clear their records and move forward with confidence. This guide breaks down everything you need to know—including eligibility, disqualifications, and how the process works.
What Is Record Sealing vs. Expungement?
Before diving into qualifications, it’s important to understand the difference.
Record Sealing
When your record is sealed, it is hidden from public view. This means:
- Employers, landlords, and most background checks will not see it
- You can legally deny the arrest in most situations
- Government agencies and law enforcement may still access it
Record Expungement
When your record is expunged, it is physically destroyed by most agencies.
- The arrest is essentially erased
- You can deny it in nearly all situations
- Only limited agencies retain confidential records
Key Difference:
Sealing hides your record. Expungement erases it.
Why Clearing Your Record Matters
A criminal record—even without a conviction—can create serious barriers:
- Job rejections
- Housing denials
- Loss of professional licenses
- Immigration consequences
- Damage to your reputation
At Gans Law, we believe in second chances. Clearing your record can open doors that were previously closed.
Who Qualifies for Sealing or Expungement in Florida?
Eligibility depends on several factors, and even one disqualifier can prevent you from moving forward.
Below is a breakdown based on the criteria outlined in the official cheat sheet you provided .
1.No Prior Convictions (Adults)
For adults, you are NOT eligible if:
- You have ever been adjudicated guilty of any criminal offense
Even one conviction can disqualify you.
2. Juvenile Record Considerations
For juveniles, you may be disqualified if you were adjudicated delinquent for:
- Any felony
- Certain misdemeanors such as:
- Assault
- Battery
- Exposure of sexual organs
- Petit theft
3. Charges Related to the Same Arrest
You may be disqualified if:
- You were adjudicated guilty of any charge stemming from the same arrest or incident
Even if you want to seal just one charge, the entire case matters.
4. Prior Sealing or Expungement
Florida law limits you to:
- One sealing OR one expungement in your lifetime
However:
- Out-of-state sealing/expungement does not automatically disqualify you in Florida
5. Disqualifying Offenses (Even If Adjudication Was Withheld)
Some charges can never be sealed or expunged—regardless of outcome.
These include serious offenses such as:
Violent Crimes
- Domestic violence
- Aggravated assault
- Aggravated battery
- Robbery
- Carjacking
- Homicide
- Manslaughter
Sex-Related Offenses
- Sexual battery
- Lewd or lascivious acts
- Sexual activity involving minors
- Voyeurism
- Human trafficking
- Child pornography
Other Serious Crimes
- Arson
- Burglary of a dwelling
- Kidnapping
- Drug trafficking
- Home invasion robbery
- Stalking or aggravated stalking
- Aircraft piracy
- Illegal use of explosives
And many more listed in the statute .
Important:
Even attempting or conspiring to commit these crimes is disqualifying.
6. Pending Cases or Supervision
You are not eligible if:
- You have another sealing/expungement petition pending
- You are still on:
- Probation
- Community control
- Any court supervision
7. Expungement-Specific Rule
For expungement:
- The charges must have been dismissed or not filed
If charges were not dismissed, you may still qualify for sealing instead .
Common Situations We See at Gans Law
Many people assume they don’t qualify—but that’s often not true.
Here are real-life scenarios:
✔ Case Dismissed
You were arrested, but the State dropped the charges.
→ Likely eligible for expungement.
✔ Withhold of Adjudication
You pled and received a withhold.
→ May qualify for sealing (not expungement).
✔ Multiple Charges, Same Case
One charge dismissed, one resulted in a withhold.
→ You may still qualify for sealing.
❌ Conviction
You were adjudicated guilty.
→ Likely not eligible.
The Process: How to Seal or Expunge Your Record
The process in Florida involves several steps:
Step 1: Determine Eligibility
This is the most important step. Mistakes here can delay your case.
Step 2: Apply for Certificate of Eligibility
You must apply through the Florida Department of Law Enforcement (FDLE).
Step 3: File a Petition with the Court
Once approved, your attorney files a petition in court.
Step 4: Judge Reviews the Case
The judge decides whether to grant the sealing or expungement.
Step 5: Agencies Comply
If approved, agencies remove or seal your record.
How Long Does It Take?
The process can take:
- 6 to 9 months on average
- Sometimes longer, depending on the court and FDLE processing times
Benefits of Hiring a Criminal Defense Attorney
While you can apply on your own, working with a law firm like Gans Law gives you a major advantage:
- Proper eligibility review
- Avoid costly mistakes
- Faster processing
- Stronger legal petition
- Communication with courts and agencies
Our team—made up of former police officers and a former prosecutor—knows exactly how these systems work.
Why Choose Gans Law?
At Gans Law, we don’t just process paperwork—we fight for your future.
✔ Flat Rate. Full Defense. Trial Included
✔ Former Prosecutor & Former Law Enforcement Team
✔ 15+ Years of Trial Experience
✔ Focused 100% on Criminal Defense
✔ Serving all of Central Florida
We understand how important a clean record is—and we treat every case with urgency.
Second Chance Month: The Perfect Time to Act
April is recognized as Second Chance Month, making it the ideal time to clear your record and start fresh.
If you’ve been putting this off, now is the time
Frequently Asked Questions
Can I seal or expunge more than one case?
No. Florida generally allows only one.
Will employers see my record after sealing?
No—most employers will not see it.
Can I deny the arrest?
Yes, in most situations after sealing or expungement.
Does this apply statewide?
Yes—your record is cleared across Florida.
Take the First Step Toward a Clean Record
If you’re unsure whether you qualify, don’t guess.
Let our team review your case and guide you through the process.
📞 Book Your Free Consultation Today
We offer free 30-minute consultations to help you understand your options.
https://ganslaw.cliogrow.com/book
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