In Florida, a criminal record is not something that fades with time. Even if charges were dropped or a case never resulted in a conviction, the record still remains publicly accessible unless it is formally sealed or expunged. For job seekers, this can mean rejection after background checks and lost career opportunities. For employers, it means a reduced pool of qualified candidates at a time when many industries are already struggling with labor shortages.
Understanding how to expunge a record in Florida is, therefore, essential, not only for individuals who want a genuine second chance but also for businesses and communities that benefit when more people can participate fully in the workforce.
Expungement is the legal process that removes a record from public view. Once granted, most employers, landlords, and private parties will no longer see the entry in routine background checks. For details on eligibility and filing, you can review this guide to Florida expungement.
Why Criminal Records Don’t Disappear in Florida
A common misconception is that minor offenses or old arrests eventually “fall off” a record after a certain number of years. In Florida, that is not the case. Records remain permanent unless the court orders them sealed or expunged.
That permanence carries lifelong consequences:
- Employers often deny applicants after a background check reveals even dismissed charges.
- Landlords may reject tenants with visible records.
- Professional licensing boards can deny certification in industries such as healthcare, finance, or childcare.
For the individual, the result is fewer opportunities. For the workforce, it means talent is wasted.
Sealing vs. Expungement
Florida offers two forms of record relief: sealing and expungement.
- Sealing: The record is hidden from public view but remains accessible to certain government and licensing agencies. For example, state boards for nursing or teaching may still see it.
- Expungement: The record is removed entirely from the files of most agencies, and those agencies must respond as though the record does not exist when asked by the public.
Both require a court order, and both are only available under narrow eligibility rules. Importantly, Floridians generally get only one sealing or expungement in a lifetime, so using it wisely is crucial.
The Workforce Impact of Criminal Records
The presence of a record doesn’t just affect one individual; it ripples across Florida’s entire economy. People with records face higher unemployment, earn lower wages, and are more likely to remain underemployed. Employers, in turn, lose access to qualified workers at a time when talent shortages are a pressing issue.
The numbers are striking. According to the Florida Expungement Survey (2025), Floridians collectively lose an estimated $3.1 billion in wages every year by skipping expungement. That figure reflects missed job opportunities, stalled career advancement, and long-term wage gaps linked to background check barriers. The survey also found that one in two Floridians doesn’t realize a criminal record stays public for life, which means many continue to suffer financial losses without knowing a remedy exists.
For the workforce, the consequences are clear:
- Workers with records are blocked from stable, higher-paying jobs.
- Employers face a smaller talent pool, particularly in industries requiring background checks.
- Communities see reduced economic growth when so many residents cannot fully participate in the labor market.
By getting a record expunged, Floridians not only restore personal opportunity but also help strengthen the state’s workforce and economy.
The Florida Expungement Process
The process of getting a record expunged in Florida is detailed and time-consuming. It includes three main steps:
Step 1: Certificate of Eligibility
The Florida Department of Law Enforcement (FDLE) must review the case and issue a Certificate of Eligibility. This requires:
- No conviction for the case in question.
- No previous sealing or expungement.
- The offense must not be on the state’s ineligible list (e.g., violent or sexual crimes).
Without this certificate, the court will not even consider a petition.
Step 2: Petitioning the Court
Once the FDLE issues the certificate, the individual (or their attorney) must file a petition in the circuit court where the case originated. The petition includes fingerprints, sworn statements, and notarized applications. A judge reviews the petition, and if approved, issues an order directing agencies to seal or expunge the record.
Step 3: Dealing with Private Databases
A court order, however, does not automatically update every private background check provider. Many data companies continue to display outdated records until they are formally contacted. Mugshot websites often operate the same way. This is why many people are surprised to see an “expunged” record still showing up when they apply for a job.
Why Expungement Alone Is Not Enough
Florida law only requires government agencies to seal or destroy records after an expungement order. It does not regulate private background check companies in the same way. That gap creates lingering exposure for job seekers.
This is where an expungement expert adds value, not by changing the law, but by taking proactive steps to ensure private databases and mugshot sites also remove the information. Without that follow-up, expungement may not deliver the full relief people expect.
The Time-Consuming Nature of the Process
Florida expungements often take six months to a year. The FDLE review alone can stretch for months, and any mistakes in filing can add significant delays. For individuals trying to secure a job offer or professional license, those delays can be costly.
Working with a lawyer experienced in expungement helps avoid these setbacks. By ensuring every document is filed correctly and deadlines are met, the process can sometimes be shortened to as little as 90 days.
Why Expertise Matters
Although many law firms in Florida handle expungements, most do so as part of a broader criminal defense practice. Erase The Case, founded by attorney David Weisselberger, is unique in that it focuses exclusively on record clearing. With a 99.7% success rate and a reputation for completing expungements faster than other firms, it represents a specialized approach.
More importantly, Erase The Case goes beyond the courtroom, addressing private background check companies and mugshot sites to deliver what they call “ultimate criminal record expungement.” That means a record doesn’t just vanish from state files; it disappears from the broader digital footprint that employers and landlords rely on.
Expungement as Workforce Strategy
From an economic perspective, expanding access to expungement is more than an act of justice; it’s a workforce development strategy. Workers with cleared records can compete on an equal footing, and employers gain access to a broader pool of skilled applicants. Communities benefit too, as stable employment reduces dependence on social services and lowers recidivism rates.
Florida’s laws remain restrictive, but for those who qualify, pursuing expungement can be life-changing. The key is recognizing both the opportunities and the challenges: the record will not disappear on its own, the process is complex and slow, and even a successful court order may not erase everything without follow-up.
Final Thoughts
Knowing how to expunge a record in Florida is the first step toward a true second chance. For individuals, it means freedom from lifelong barriers to employment and housing. For employers, it means tapping into a stronger and fairer workforce.
But expungement is neither automatic nor simple. Records remain permanent unless action is taken, and expungement alone may not erase them from every background check. With the process as technical and time-consuming as it is, working with an expungement expert is often the only way to achieve complete and lasting relief.
Florida may have some of the strictest laws in the nation, but with the right approach, a permanent record does not have to mean permanent consequences.
