Florida Certificate of Eligibility Attorneys
Reviewed: May 15, 2026
A Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) is the gatekeeping step in every Florida expungement or sealing case. Without it, the court will not consider a petition. This is the step where most do-it-yourself applications get returned for paperwork errors.
Quick answer: Certificate of Eligibility in Florida
A Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) is the gatekeeping step in every Florida expungement or sealing case. Without it, the court will not consider a petition. This is the step where most do-it-yourself applications get returned for paperwork errors.
What is a Certificate of Eligibility?
It is a written confirmation from FDLE that you meet the statutory requirements to ask the court to expunge or seal a record. FDLE reviews your criminal history, the disposition of the specific case, the State Attorney sign-off, and fingerprints. They do not decide whether to grant the expungement — only whether you can ask.
How does the process work?
Five things have to go together in the application package: the application form, a certified copy of the final court disposition, a State Attorney certification (sometimes called the "Section B" signature), a fingerprint card from a Florida law enforcement agency, and a $75 fee. If any one piece is missing or filled out wrong, FDLE returns the package and the clock starts again.
How long does it take?
FDLE typically issues the Certificate of Eligibility in 5 to 9 months once a complete package is received. The certificate is valid for 12 months. The petition to expunge or seal must be filed in court within that window.
How much does it cost?
The FDLE fee is $75 (money order or cashier's check). Fingerprint cards typically cost $5 to $25 at the local sheriff's office. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
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How to obtain a Florida Certificate of Eligibility
- Request official criminal history from FDLE. Obtain your official Florida criminal history report from FDLE to confirm the case disposition. This shows whether you have prior sealed or expunged records that would disqualify you. Source
- Obtain certified court disposition. Request a certified copy of the final disposition from the clerk of court in the county where your case was handled. FDLE will not accept uncertified or unofficial copies.
- Complete FDLE application form. Fill out the Certificate of Eligibility application (expungement or sealing version, depending on your case). The form requires personal information, case details, and sworn statements. Source
- Obtain State Attorney certification (Section B). The State Attorney who prosecuted your case must sign Section B of the application, certifying they are aware of your request. Many attorneys handle this step for you.
- Get fingerprints taken. Visit a Florida law enforcement agency to have a fingerprint card completed. Bring photo ID and the $5–$25 fingerprint fee.
- Submit complete package to FDLE. Mail the application, certified disposition, State Attorney certification, fingerprint card, and $75 fee (money order or cashier's check) to FDLE. Keep copies of everything.
- Wait for FDLE review. FDLE reviews the application to confirm eligibility. If any documents are missing or incorrect, the package is returned. If approved, the Certificate of Eligibility is mailed to you. Expect 5–9 months.
- File petition in court within 12 months. Once you receive the Certificate of Eligibility, it is valid for 12 months. Your attorney must file the Petition to Expunge or Seal in circuit court before the certificate expires.
Statutes cited
- Florida Statute § 943.059 (Expungement process) — Fla. Stat. § 943.059
- Florida Statute § 943.0585 (Sealing process) — Fla. Stat. § 943.0585
Frequently asked questions
Can I do this myself without a lawyer?
Yes — FDLE accepts pro se applications. The most common reason packages are rejected is the State Attorney certification section. The lawyer collects that signature for you and confirms the case disposition matches what FDLE expects to see.
What if FDLE says I am not eligible?
The denial letter explains the reason. Common reasons: a prior sealed or expunged record, a pending case, or a charge that is excluded by statute. A lawyer can review the denial and confirm whether anything can be done.
Do I need a fresh certificate for each charge?
A Certificate of Eligibility covers the specific case you applied for. If you have eligible charges in multiple cases, FDLE will indicate which can be addressed.
My certificate is about to expire. What do I do?
File the petition in court before it expires. Some attorneys can extend the timeline by submitting an interim filing; others have to reapply. Do not let the 12-month window run out.
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