How Do I Correctly Expunge One Charge and Seal Another in Florida?
Start a free AI-assisted chat and connect with an experienced Florida attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I want to get one charge expunged and another charge sealed. I want to make sure I am doing it correctly.
Attorney Answer
Florida generally allows most people only one sealing or one expungement in a lifetime, so before filing anything, it's worth confirming that pursuing both at once is actually available to you.
Florida's two main record-clearing tools work differently. Expunction removes a criminal history record from public view entirely (Fla. Stat. § 943.0585). Sealing restricts public access to a record while keeping it available to certain agencies, like law enforcement and licensing boards (Fla. Stat. § 943.059). Both processes start the same way: you apply to the Florida Department of Law Enforcement for a Certificate of Eligibility, which confirms you legally qualify before a court will even consider your petition. Only after receiving that certificate do you file a petition with the court in the county where the arrest occurred.
The important catch is that Florida law generally limits a person to one sealing or expunction action in a lifetime, with narrow exceptions. That means getting one charge expunged and a separate charge sealed, as two different actions, is often not available the way it might sound. In some situations a record can first be sealed and later upgraded to expunged once certain conditions are met, but that counts as your one lifetime action, not two separate ones.
What you can do
1. Confirm which specific charges you're hoping to clear and pull the case numbers for both. 2. Apply for a Certificate of Eligibility from the Florida Department of Law Enforcement for the charge you want to prioritize. 3. Before filing anything, talk to a Florida attorney about whether your specific pair of charges can be handled together, or whether you need to choose one. 4. Once you have the certificate, file the appropriate petition with the clerk of court in the county of arrest.
Because the one-time limit and its exceptions depend on the exact charges and case history involved, this is general legal information, not legal advice, and a local Florida attorney can confirm which of your two charges to pursue, and in what order, to get this right the first time.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Florida
- File or look up a case through the Florida State Courts, which serves the state.
- Get free civil legal help from FloridaLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What's the real difference between sealing and expunging a record in Florida?
Expunction removes the record from public view entirely, while sealing restricts public access but still allows certain agencies, like law enforcement or licensing boards, to see it. Both require a Certificate of Eligibility from FDLE before a court will consider the petition.
How long does the expungement or sealing process usually take?
It varies, but getting the Certificate of Eligibility from FDLE alone often takes several weeks to a few months, and the court petition process adds more time after that. Your attorney can give you a more specific estimate based on current processing times.
What happens if I'm not eligible to clear both charges?
If Florida's one-time limit applies to your situation, you may need to choose which charge matters most to clear, often based on which one affects things like employment or licensing more. An attorney can help you weigh that decision.
