Expungements in Tallahassee

Evaluate Your Record-Relief Options with Former-Prosecutor Insight

Florida provides two distinct ways to limit access to qualifying criminal records: sealing and expunction. At Law Office of Nathan Prince, we help Tallahassee residents evaluate their records, understand the eligibility rules, and pursue the appropriate form of relief.

Our firm has handled more than 2,500 cases. Attorney Nathan Prince’s former prosecutorial experience informs our approach to criminal records, charging decisions, case dispositions, and the court process.

Call (850) 601-5690 to request a free consultation about sealing or expunging a criminal record in Tallahassee.

Record Sealing vs. Record Expunction in Florida

Record sealing and record expunction are separate remedies under Florida law. Sealing is governed by Florida Statute § 943.059, while expunction is governed by Florida Statute § 943.0585. Although people often use “expungement” as a general term, each remedy has a different legal effect.

A sealed criminal history record remains in existence but is secured and generally inaccessible to people without a legal right to view it. With record expunction, the custodial criminal justice agency must physically destroy or obliterate the record. The Florida Department of Law Enforcement (FDLE) retains a copy under the limitations established by law.

Both remedies require an FDLE Certificate of Eligibility before the court can consider a petition. The certificate confirms eligibility to apply but doesn’t guarantee that the court will grant relief.

Eligibility for Sealing or Expunging a Criminal Record

Eligibility depends on the person’s complete criminal history, case disposition, offense, and any previous record relief. An adjudication of guilt means the court formally convicted the person. Under Florida Statutes §§ 943.0585 and 943.059, a felony adjudication of guilt makes a person ineligible to seal or expunge a criminal history record, even if that person’s civil rights were later restored.

Offenses that can permanently disqualify a record include:

• Murder or manslaughter
• Aggravated assault or aggravated battery
• Arson or burglary of a dwelling
• Robbery or carjacking
• Human trafficking or drug trafficking
• Sexual offenses identified by Florida law

Florida generally allows one arrest record to be sealed or expunged in one lifetime proceeding. A court may address multiple arrest records in the same proceeding if it determines that the arrests were directly related. Separate incidents aren’t automatically treated as one record, so the relationship between the charges requires careful review.

A record that has remained sealed for at least 10 years may become eligible for expunction when adjudication was withheld, meaning the court didn’t formally adjudicate the person guilty. We assess the underlying disposition, prior relief, and complete record before discussing which option may be available.

The Tallahassee & Leon County Filing Process

An application to FDLE begins the Florida expunction or record-sealing process. The applicant completes Section A under oath before a notary. The State Attorney’s Office then completes the required Section B certification before the application is submitted for eligibility review.

The State Attorney’s Office for the Second Judicial Circuit can complete required certification forms, but it can’t assist applicants with the broader seal and expunge process. We can help identify the appropriate remedy, assemble the required documents, and prepare the filings that follow the agency review.

After FDLE issues a Certificate of Eligibility, the applicant files a petition and affidavit with the clerk in the county where the case occurred. For a Leon County case, petitions are filed in the Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, using forms approved by the Leon County Clerk of Court.

No processing timeline is guaranteed. The duration depends on the agency review and the court’s subsequent action on the petition.

FDLE Application Costs & Materials

FDLE charges a $75 application fee. Payment can typically be made by money order, cashier’s check, or personal check (not temporary checks) payable to the Florida Department of Law Enforcement.

The application submission includes:

• A completed application with the required certifications
• Fingerprints for identity and record verification
• A certified copy of the case disposition
• The required $75 payment

Incomplete or inaccurate materials can prevent the eligibility review from moving forward. We review the record and its circumstances rather than assuming that an arrest, dismissal, or withheld adjudication automatically qualifies.

Discuss Your Record with a Tallahassee Criminal Defense Attorney

A free consultation allows us to review the charge, its disposition, and any previous sealing or expunction. We’re available around the clock by phone and through our contact form.

Call (850) 601-5690 to speak with us about pursuing record sealing or expunction in Tallahassee.