Moving Forward After Your Case
When a criminal case is behind you, the record can still follow you—showing up on background checks for jobs, housing, and professional licenses. Florida law allows certain records to be sealed or expunged, which can help eligible people move forward without a past charge defining their future.
At Bernhardt Riley, Attorneys at Law, PLLC, we review whether sealing or expungement may be available in your situation and guide you through the process. Eligibility is governed by statute and is not automatic—every case depends on its own facts.
Sealing vs. Expungement: What’s the Difference?
Both options limit public access to a criminal history record, but they work differently under Florida law.
- Sealing Fla. Stat. § 943.059 — the record is kept by the state but hidden from public view. Certain agencies can still access it under specific circumstances.
- Expungement Fla. Stat. § 943.0585 — the record is physically destroyed by agencies that hold it, with only a confidential copy retained by the Florida Department of Law Enforcement.
Which option may apply often depends on how your case was resolved. In general, charges that ended without a conviction may be eligible for one of these remedies, depending on the circumstances.
Who May Qualify
Florida sets specific eligibility requirements, and meeting them is essential. Generally speaking, you may be eligible if:
- You have no prior convictions — you have never been adjudicated guilty of a criminal offense.
- You have not previously sealed or expunged a record — Florida generally allows this only once in a lifetime.
- The charge is not on the statutory exclusion list — certain serious offenses cannot be sealed or expunged even if adjudication was withheld.
- Adjudication was withheld or the charge was dismissed — the way your case ended affects which remedy, if any, is available.
A DUI conviction generally cannot be sealed or expunged in Florida, which is one reason challenging such a charge early matters. If you’re currently facing a charge, learn about first-offense options and diversion programs that may help protect your record before a conviction occurs.
How the Process Works
- Eligibility review — we confirm whether your record qualifies under the statutes.
- Certificate of Eligibility — we help you apply to the Florida Department of Law Enforcement for the certificate required before a court can act.
- Petition the court — we prepare and file the petition, along with the required affidavit, in the court where your case was handled.
- Court decision — even when you are statutorily eligible, sealing and expungement can involve the court’s discretion. We advocate for your petition.
The timeline varies, and outcomes depend on the facts of your case and the court. We cannot promise a particular result, but we can explain realistically what to expect.
Why It Matters
Clearing an eligible record can affect:
- Employment — many employers run background checks before hiring or promoting.
- Housing — landlords frequently screen applicants’ records.
- Professional licensing — a clean record can matter for licensed professions.
- Peace of mind — moving forward without a past charge surfacing.
Frequently Asked Questions
Can my record be sealed or expunged?
It depends on your eligibility under Florida law. Records that ended without a conviction may qualify, provided you have no prior convictions and have not previously used this remedy. We can review your specific situation and explain which option, if any, may be available.
What's the difference between sealing and expungement?
Sealing hides the record from public view while the state retains it, whereas expungement results in the physical destruction of the record by holding agencies, with a confidential copy kept by FDLE. Which applies often depends on how your case was resolved.
Can a conviction be sealed or expunged?
Generally no. If you were adjudicated guilty, the record typically cannot be sealed or expunged. Cases that ended in a withhold of adjudication or a dismissal are more likely to be eligible, depending on the charge.
How many times can I seal or expunge a record?
Florida generally allows a person to seal or expunge a record only once in their lifetime, which makes getting the process right the first time important.
How long does the process take?
The timeline varies depending on the certificate of eligibility process and the court’s schedule. We can give you a realistic estimate once we review your record.
Does a DUI qualify for sealing or expungement?
A DUI conviction in Florida generally cannot be sealed or expunged. If you are currently charged, challenging the case early is important. See our DUI defense page to learn more.