If you have an arrest or conviction on your record in Fort Myers, FL, you may have more options than you think. Florida law allows certain people to seal or expunge their criminal records, which can make a real difference when applying for jobs, housing, or professional licenses.
The process involves specific eligibility rules, paperwork filed with the Florida Department of Law Enforcement (FDLE), and a petition to the court — and not every record qualifies. Understanding how this works in Lee County is the first step toward figuring out whether you can move forward.
What Is the Difference Between Sealing and Expunging a Record?
Sealing a record restricts public access to it, while expunging a record destroys or removes it from public view entirely. Both options offer meaningful relief, but they work differently under Florida law.
When a record is sealed, most members of the public — including many employers and landlords — can no longer see it. When a record is expunged, it is removed from public databases, and in many situations you can legally deny the arrest ever occurred.
An expungement generally offers stronger protection, but Florida law sets stricter eligibility requirements for it. A local criminal defense attorney can review your Lee County case history and explain which option, if either, may apply to you.
Who Is Eligible to Seal or Expunge a Criminal Record in Florida?
Eligibility depends on several factors, and most people who qualify have not been convicted of the offense in question — meaning the charges were dropped, dismissed, or resolved through a diversion program.
Florida law generally requires all of the following before a record can be sealed or expunged:
- You have not previously had a record sealed or expunged in Florida or any other state.
- You have not been adjudicated guilty of the offense you want sealed or expunged.
- The offense is not on Florida's list of disqualifying crimes (which includes many violent, sexual, and serious felony offenses).
- You have completed all terms of any sentence, probation, or diversion program.
To expunge a record specifically, you typically must have had adjudication withheld — meaning the court did not formally enter a conviction — and the charge must have been dismissed or you must have completed a pretrial diversion program. An attorney can confirm the rules that apply to your case.
What Crimes Cannot Be Sealed or Expunged in Florida?
Florida law disqualifies a long list of offenses from being sealed or expunged, regardless of how the case ended. If you were charged with one of these offenses, the record generally cannot be sealed or expunged even if adjudication was withheld.
Disqualifying offenses include, among others, the following categories:
- Sexual offenses and crimes against children
- Domestic violence offenses
- Robbery, carjacking, and home invasion robbery
- Stalking and aggravated stalking
- Human trafficking offenses
- Murder and manslaughter charges
This list is not exhaustive. If you are unsure whether your specific charge qualifies, a Fort Myers criminal defense attorney can check the statute and give you a clear answer.
What Are the Steps to Seal or Expunge a Record in Lee County?
The process in Lee County involves multiple agencies and can take several months from start to finish. There are 4 main steps most applicants must complete.
- Obtain a Certificate of Eligibility from the FDLE. You apply directly to the Florida Department of Law Enforcement, pay a filing fee, and submit fingerprints. The FDLE reviews your criminal history statewide and issues a certificate if you appear to qualify.
- File a petition with the Lee County court. Once you have the FDLE certificate, your attorney files a petition and supporting documents in the circuit court that handled your case — typically the Lee County Justice Center in Fort Myers.
- Serve notice on the state attorney's office. The State Attorney for the 20th Judicial Circuit, which covers Lee County, receives notice and has the opportunity to object.
- Attend a hearing if required. A judge reviews the petition, considers any objections, and decides whether to grant the order. In many straightforward cases, hearings are brief, but outcomes are never guaranteed.
After the court issues an order, copies are sent to law enforcement agencies and the FDLE to update or destroy the records. The full process often takes several months, so starting early matters.
Does Sealing or Expunging a Record Clear It from Every Database?
Sealing or expunging a record removes it from most public-facing databases, but certain government agencies can still access sealed or expunged records under Florida law. This is an important limitation that many people overlook.
Agencies that may still see a sealed or expunged record in some circumstances include law enforcement, criminal justice agencies, and certain licensing boards. If you are applying for a job that requires a background check from one of these agencies — such as a law enforcement position or a professional license in Florida — you may still need to disclose the record in some situations.
An attorney familiar with Fort Myers and Lee County criminal cases can walk you through exactly what a sealing or expungement will and will not do for your specific background.
How Long Does the Process Take in Lee County?
The full process to seal or expunge a record in Lee County typically takes several months, with the FDLE certificate application alone often taking 90 days or longer depending on volume and completeness of the application.
Delays can happen if fingerprints are rejected, if documents are missing, or if the state attorney's office files an objection. Having an attorney handle the filing helps reduce the chance of errors that slow things down.
Frequently Asked Questions About Sealing and Expunging Records in Florida
The following questions come up often when Fort Myers residents explore whether they can clear their record in Lee County.
Can I seal or expunge a record if I was convicted?
Generally, no. Florida law requires that adjudication was withheld. A formal conviction on your record typically disqualifies that charge from being sealed or expunged. An attorney can confirm whether your case qualifies.
Can I expunge a juvenile record in Florida?
In many cases, yes. Florida has a separate process for sealing or expunging juvenile records, and eligibility rules differ from adult records. A criminal defense attorney can review the specific requirements that apply.
Will I have to disclose a sealed or expunged arrest when applying for a job?
In most private-sector job situations, you can legally deny the arrest occurred after expungement. However, some government and licensed positions may still require disclosure. An attorney can explain the exceptions that apply to your field.
Can I seal or expunge more than one arrest record?
Florida law generally limits you to one sealing or expungement in your lifetime, though there are narrow exceptions. An attorney can review your full record and tell you what options remain available to you.
If you are ready to find out whether you can seal or expunge a criminal record in Lee County, FindCounselNow can connect you with an independent, licensed criminal defense attorney in Fort Myers, FL for a free case review — at no obligation to you.