Want to Seal Your
Criminal Record in Orlando?
If you qualify to seal your criminal record in Florida, you may be able to limit who can see your past charges. This can make a difference when applying for jobs, housing, or professional licenses.
An attorney can review your situation and help you understand whether you are eligible and what the process involves.
Sealing a criminal record in Florida under Florida Statute § 943.059 hides the record from public access — including most employers, landlords, and background check services. Unlike expungement, which destroys the record, sealing keeps it in existence but restricts who can see it. Sealing is the only option available when adjudication was withheld — meaning you were not formally convicted but the case was not dismissed. This is the most common resolution in Florida criminal cases, making sealing the form of record relief that applies to the largest number of people.
After sealing, the record does not appear on standard commercial background checks. You can lawfully deny the arrest in most employment and housing contexts. Criminal justice agencies, the Florida Bar, and certain government licensing authorities retain access — but for the vast majority of daily life, a sealed record is invisible.
Like expungement, Florida allows only one court-ordered sealing in a lifetime. The process requires a Certificate of Eligibility from FDLE, a court petition, and a court order. Attorney James P. Kelly handles the entire sealing process for clients throughout Orlando and Central Florida.
To qualify for sealing under § 943.059, you must meet all of the following criteria:
1. Adjudication was withheld. The court did not formally convict you — it withheld adjudication. This is extremely common in Florida plea agreements, particularly for first-time offenders. If you completed probation and the judge withheld adjudication, you likely qualify for sealing.
2. You have never been adjudicated guilty of any criminal offense. If you have a conviction — a formal adjudication of guilt — for any criminal offense in any jurisdiction, you are disqualified from sealing. This includes convictions in other states and federal court. A withhold of adjudication on another case does NOT disqualify you.
3. You have never previously had a record sealed or expunged. One lifetime. The only path to a second form of relief is the 10-year seal-to-expungement conversion under § 943.0585(1)(h).
4. You are no longer under court supervision. Probation must be complete. You cannot seal a record while still on probation for that offense.
5. The offense is not on the list of ineligible offenses.
Florida law specifically prohibits sealing of certain serious offenses, even if adjudication was withheld. The full list is found in § 943.059(1)(b) and cross-references the “dangerous crimes” list in § 907.041. Key offenses that cannot be sealed include:
Important: Drug possession, simple battery, theft (non-robbery), fraud, and many other common offenses are eligible for sealing, provided all other criteria are met.
The sealing process mirrors the expungement process in structure:
Step 1: Obtain a certified copy of the final disposition from the Clerk of Court showing that adjudication was withheld.
Step 2: Submit an application to FDLE for a Certificate of Eligibility, with a $75 non-refundable fee and a fingerprint card. FDLE conducts a statewide and national criminal history check. Processing takes 8 to 12 weeks.
Step 3: If approved, FDLE issues a Certificate of Eligibility. File a Petition to Seal in the circuit court of proper jurisdiction.
Step 4: Serve the State Attorney’s Office and the arresting agency. Either may file an objection.
Step 5: Court hearing (if necessary) and issuance of an Order to Seal. The order is sent to all agencies holding the record.
Total timeline: Typically 4 to 6 months from application to court order.
Under § 943.0585(1)(h), if your record has been sealed for at least 10 years, you may petition to convert the seal to a full expungement. This applies even if adjudication was withheld — meaning the record was sealed (rather than expunged) because the case was not dismissed. This is the only circumstance under Florida law where a person may obtain both a seal and an expungement.
The 10-year conversion process requires a new FDLE application, a new Certificate of Eligibility, a new court petition, and a new court order. The same eligibility criteria apply, plus the requirement that the seal has been in place for a full 10 years.
Effective October 1, 2019, Florida enacted § 943.0595, which provides for automatic sealing of certain criminal history records when the Clerk of Court submits a qualifying disposition to FDLE electronically. Qualifying dispositions include nolle prosequi, no information filed, no action, and acquittal for non-disqualifying offenses. This process seals records at the state level without requiring the individual to file an application — but it does not seal records at the local level (county court clerk, arresting agency). A court-ordered seal or expungement is still necessary for comprehensive relief.
Importantly, automatic sealing under § 943.0595 does not count as your one-time sealing or expungement. You can still petition for court-ordered sealing or expungement of the same or a different arrest even if automatic sealing has already occurred.
For most people, the primary reason to seal a record is the effect on employment. Florida is an at-will employment state, and many employers conduct background checks through commercial screening companies that access the Clerk of Court’s public database and FDLE records. An arrest record — even one that resulted in a withhold of adjudication rather than a conviction — routinely costs applicants jobs, promotions, and professional licenses.
After sealing, the record does not appear on standard commercial background checks. When asked on a job application whether you have been arrested or charged with a crime, you can lawfully answer “no” — with the limited exceptions for criminal justice agencies, the Florida Bar, and certain other entities specified by statute.
Housing. Landlords and property management companies routinely screen applicants using the same background check databases that employers use. An unsealed arrest record can result in denial of a rental application. Sealing eliminates the record from these searches.
Professional licensing. Many Florida professional licenses — including those regulated by the Department of Business and Professional Regulation (DBPR) — require background checks. While some licensing boards have access to sealed records, many do not. Sealing reduces the burden of explaining an old arrest during the licensing process.
Immigration. For non-citizens, any criminal record can have immigration consequences — including deportation, denial of naturalization, and visa complications. While sealed records may still be accessible to federal immigration authorities, sealing the record demonstrates resolution and provides additional protection in immigration proceedings.
Personal reputation. In the age of digital background checks, mugshot websites, and public records databases, an arrest record follows you everywhere. Sealing prevents the record from appearing in these searches and allows you to put the past behind you.
The most common cases that qualify for sealing involve situations where the defendant accepted a plea with adjudication withheld:
Drug possession cases with withhold. First-time drug possession charges frequently result in a plea to a reduced charge with adjudication withheld, or completion of a drug court program. These arrests are strong candidates for sealing.
Theft and shoplifting with withhold. First-offense petit theft and shoplifting cases often resolve with a withhold of adjudication, making them eligible for sealing once probation is completed.
Assault and disorderly conduct with withhold. Bar fights, disturbances, and confrontations that result in misdemeanor charges with adjudication withheld can be sealed.
Fraud and white collar offenses with withhold. First-offense fraud charges that are resolved with restitution and a withhold of adjudication may qualify for sealing, provided the offense is not on the ineligible list.
Cases that do NOT qualify: DUI (even with withhold), domestic violence, trafficking, sexual offenses, stalking, aggravated assault, aggravated battery, robbery, and other offenses listed in § 907.041 as “dangerous crimes.”
The sealing process requires precise eligibility determinations and correct application preparation. An error on the FDLE application — the wrong arrest date, an omitted prior disposition, an incorrect charge listing — results in denial and loss of the non-refundable fee. An attorney who handles the process from start to finish ensures that your one lifetime opportunity is not wasted on a preventable error.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. The firm handles sealing cases throughout Orange County and Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Sealing hides the record from public access but the record still exists and can be accessed by criminal justice agencies. Expungement physically destroys the record. Sealing is available when adjudication was withheld. Expungement requires that charges were dismissed, dropped, or resulted in acquittal.
No. Domestic violence offenses are on the list of ineligible offenses and cannot be sealed, even if adjudication was withheld. This is one of the most significant long-term consequences of a domestic violence resolution — even a favorable one.
Sealed records do not appear on standard commercial background checks used by most employers and landlords. However, criminal justice agencies, the Florida Bar, and certain government licensing bodies retain access. If you apply for a law enforcement position, a corrections position, or admission to the Bar, you must disclose the sealed record.
The process typically takes 4 to 6 months. FDLE processing of the Certificate of Eligibility application takes 8 to 12 weeks, and the court process adds additional time depending on whether a hearing is required and the court’s schedule.
There is no legal requirement to have an attorney. However, the process involves precise statutory interpretation, correct application preparation, proper petition drafting, and navigation of court procedures. A mistake on the FDLE application results in denial and loss of the $75 fee. Given that you only get one lifetime sealing, working with an attorney ensures the best chance of a successful outcome.
