How to Start Sealing or Expunging Your Record in Florida: A Step-by-Step Guide

The process of clearing your criminal record in Florida begins with one crucial step: assembling an application packet and sending it to the Florida Department of Law Enforcement (FDLE). This is how you obtain a “Certificate of Eligibility,” which is your ticket to formally petitioning the court.

While this is the “easy breezy” part of the process, it can also be aggravating and is filled with bureaucratic traps. Here is what you need to do to get the party started.

Ready to Clear Your Record in Orlando? The first step is the FDLE application. It can be a hassle, and mistakes can cause months of delays. If you want it done right without the frustration, call my office. Call John Guidry: (407) 423-1117

Your FDLE Application Checklist: What You Need to Get Started

To successfully apply for your Certificate of Eligibility, you must gather and correctly prepare four key items.

1. The Completed Application Form This is the official “Application for Certification of Eligibility.” You must sign it in front of a notary.

• Important Note for Expungements: If you are seeking to expunge your record (as opposed to sealing it), you must also get the signature of the prosecutor from the State Attorney’s Office that originally handled your case.

2. A Certified Copy of Your Case Disposition This is the official court document that shows the final outcome of your case (e.g., dismissed, nolle prosequi, adjudication withheld). You can obtain this from the Clerk of Court in the county where your case was handled.

3. A Full Set of Fingerprints (Done Correctly!) This is where many people make a critical mistake.

• You MUST get your fingerprints taken by a certified law enforcement agency, like your local sheriff’s office or police department.
• Do NOT get your fingerprints done at a private business like FedEx, Kinko’s, or a UPS Store. FDLE will reject them, and your application will be denied, forcing you to start over.

4. The $75 Application Fee The packet must include a check or money order for $75, made payable to the “Florida Department of Law Enforcement.”

The Waiting Game: What Happens After You Mail the Packet

Once you’ve navigated the aggravating process of assembling these documents, you mail the complete packet to FDLE in Tallahassee. And then, you wait. Be prepared for a long delay; it is common for FDLE to take six months or more to review an application.

If your application is approved, they will mail you the Certificate of Eligibility. This document is what allows us to begin the real hard work of filing a petition with the court, which is a separate and more complex legal process.

While you can certainly assemble this packet yourself, my law firm handles this entire process for our clients. We put the packet together, ensure it’s done right the first time, and deal with FDLE so you don’t have to. If you have a case in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County that you’re ready to clear, give us a call. We’re happy to help you get started on your quest for a clean slate.

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.