Sealing or Expunging a Criminal Record

Instructions for Filing a Petition to Seal or Expunge

Upon receipt of the Certificate of Eligibility from the Florida Department of Law Enforcement indicating you are eligible to have your record sealed or expunged, you must prepare and file a Petition, Affidavit and Order using the following instructions:

  1. The certificate must be filed with the State Attorney’s Office within six months of issuance.
  2. Complete the Petition, Affidavit and Order by filling in your personal and case information. These forms are in the packet you received from the Clerk of Courts. Make certain you sign your name on all appropriate forms and have your affidavit notarized.
  3. File the original Petition, Affidavit, Order, and Certificate of Eligibility with the appropriate clerk’s office, either by mail or in person. There is no charge to file these forms.

Felony Cases

Felony Clerk’s Office
501 W. Adams St.
Jacksonville, FL, 32202

Misdemeanor Cases

Misdemeanor Clerk’s Office
501 W. Adams St.
Jacksonville, FL, 32202

Juvenile Cases

Juvenile Clerk’s Office
501 W. Adams St.
Jacksonville, FL, 32202

And mail a copy of the Petition, Affidavit, Order and Certificate of Eligibility to the State Attorney’s Office at:

State Attorney’s Office
Attn: Seal & Expunge Division
311 W. Monroe St.
Jacksonville, FL, 32202

The approximate time frame for your paperwork to be processed through the State Attorney’s Office is four weeks. You will be notified by mail when the judge signs your Order or when a hearing date has been scheduled.

Checklist

Below is quick information to assist you in completing your application. Each paragraph applies to an application for either a sealing or an expungement unless noted. The State Attorney’s Office cannot give legal advice.

1. Obtain an Application from the Clerk of the Court’s Office.

NOTE: The application is the same for both a sealing and an expungement; however, your Petition and Order must a) specify the option you are pursuing, and b) specify the same option.

2. Sign and date your application in front of a Notary.

3. Obtain a Certified Copy of the Final Disposition of the charge from the Clerk of the Court’s Office.

4. Obtain fingerprints through the Jacksonville Sheriff’s Office

The petitioner cannot have any criminal convictions or juvenile adjudications for any crime specified in Florida Statute 943.051(3)(B) prior to the date of the petition.

Certain charges cannot be sealed or expunged — even if you received a withold of adjudication. See the list of ineligible charges in the sealing/expungement package.

The petitioner has not had a prior sealing or expungement for any other charge. There is an exception for 10-year sealing requirement prior to expungement (there will need to be an order sealing the charge).

The petitioner does not have any other petitions to seal or expunge pending anywhere.

For Sealing

Complete and notarize Section “A” of the Application of Eligibility (directions are on the back of the application). Obtain a Fingerprint Card (the Jacksonville’s Sheriff’s Office will fingerprint you for a fee). Mail the Application, Disposition, Fingerprint Card and a $75 non-refundable fee (money order or cashiers check only) made payable the Florida Department of Law Enforcement.

Florida Department of Law Enforcement (FDLE)
Attn: Expunge/Seal Section
P.O. Box 1489
Tallahassee, FL, 32302-1489

The Florida Department of Law Enforcement will notify you by mail regarding whether a certificate of eligibility was granted.

For Expunging

Complete Section “A” of the application and mail or bring to:

Office of the State Attorney
311 W. Monroe St.
Attn: Sealing/Expungement Department
Jacksonville, FL, 32202

The application will be returned to you by the State Attorney’s Office. If signed, the application must be submitted to FDLE pursuant to the application’s instructions.