Under Florida law, the first legal step to sealing or expunging your criminal record is securing a Certificate of Eligibility (COE) from the Florida Department of Law Enforcement (FDLE). This certificate confirms your statutory eligibility and authorizes you to petition the appropriate court. Without it, no sealing or expungement can move forward, even if your case qualifies on paper.
This article provides a comprehensive breakdown of the FDLE application for expungement, ensuring legal professionals and applicants understand the procedural requirements and common pitfalls to avoid.
A certificate of eligibility in Florida is a required document should you wish to petition the court so they can release an order to seal or expunge your criminal history record. This is the first and foremost step needed to get your record sealed or expunged in Florida, according to the FDLE’s conditions. Should you wish to proceed under either of these statutes, you are entitled to one court-ordered sealing or expungement in a lifetime.
Follow these simple steps to apply for an FDLE Certificate of Eligibility for expungement in Florida:
First off, acquire the Florida expungement application form from the FDLE's website. Additionally, you may also email the FDLE Seal and Expunge Section at [email protected], then request the application to be forwarded to you.
Now, remember, you must fill out the application page with as much as possible, including the following important information:
Should you have been given an appearance notice and not arrested physically, you must indicate the date of the Notice to Appear in place of the date of arrest.
Erase The Case simplifies the process by providing its own expungement application form, which can speed up the process and reduce your time and effort.
The next step is to complete the Written Certified Statement Page. However, this is only applicable for expunction applications, including juveniles. Then, the appropriate state attorney or statewide prosecutor is required to complete the written certified statement page.
Afterward, you must provide a certified disposition for every case or criminal charge listed on your application. You can acquire this from the county court clerk where your cases or charges originated. Should you be placed on probation, you must provide documentation showing termination of probation.
Applicants of pre-trial intervention cases and other diversion programs must provide a copy of the pre-trial completion certificate or a letter of successful completion, which may substitute for a certified disposition.
This step involves an authorized member of law enforcement or another criminal justice agency to fingerprint you. There will be a fingerprint form or card here, which includes your name, date of birth, signature, and date. It must also have the signature of the official taking the fingerprints and the ORI or stamp of the agency.
Lastly, you must accomplish a non-refundable money order, cashier’s check, or personal check amounting to $75 payable to FDLE, together with your application. They will never accept cash, gift cards, or temporary personal checks. Be sure to fill out and sign the check or money order completely.
While the process of obtaining a Certificate of Eligibility may seem straightforward, many applicants encounter avoidable setbacks due to small but critical errors. Below are some of the most common mistakes we see at our firm—mistakes that can delay or derail your efforts to seal or expunge a Florida criminal record:
Every application must include a completed form, a fingerprint card, and a certified copy of the case disposition. If any of these are missing, outdated, or improperly filled out, FDLE will reject the application.
Not every offense qualifies for sealing or expungement. Submitting an application without first verifying your eligibility, especially if you have prior convictions or multiple arrests, can result in wasted time and unnecessary fees.
Even small mistakes in listing the correct arrest date, case number, or arresting agency can trigger a denial. FDLE conducts a thorough review, and inconsistencies may be interpreted as inaccuracies or omissions.
If you are applying for an expungement, your application must be signed by the State Attorney or the Statewide Prosecutor. This requirement does not apply to sealing applications, but it is a common source of confusion and rejection.
FDLE requires fingerprint submissions on a specific form, taken by law enforcement or an FDLE-approved provider. Cards that are outdated or not completed by an approved agency will not be accepted.
Many individuals mistakenly believe that juvenile records are automatically expunged at age 18 or 21. In most cases, you must still go through the formal COE process to have these records removed.
FDLE will send any correspondence, including deficiency letters and the final certificate, to the address listed on your application. If you move and fail to notify them, you may never receive critical updates.
A Certificate of Eligibility is valid for 12 months. If you do not file your petition for sealing or expungement within that time, you will need to reapply and pay the processing fee.
That may be the last step, but there are pointers to remember:
Work with some of Florida’s top expungement lawyers to make sure you won’t miss any of the steps outlined above. Their services cover various aspects of the state’s expungement procedures, including background checks and mugshot removal—no matter the offenses that have been labeled against you. Erase The Case can help. Find out if you qualify today.
