FAQs • Polk County Clerk, FL • CivicEngage

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What qualifies me to have my case sealed or expunged?: If a defendant has ever been adjudicated guilty in a court of law on any county, state, or federal statute, he/she may not have a criminal case sealed or expunged.

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Expunging a Record

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1. What qualifies me to have my case sealed or expunged?: If a defendant has ever been adjudicated guilty in a court of law on any county, state, or federal statute, he/she may not have a criminal case sealed or expunged.

2. If I qualify to have my case sealed or expunged, how long does it take?: At this time the Florida Department of Law Enforcement is taking between 6 to 10 months to issue a Certificate of Eligibility. Once the certificate is obtained and the proper documents are filed with the Clerk’s office, the State Attorney’s Office must approve, and the assigned division judge will make a decision and sign.

3. Where can I obtain the necessary paperwork to apply for my case to be sealed or expunged once I have obtained my certificate?: An attorney, paralegal, or law library will have the necessary forms. The Clerk’s office does not provide these forms and cannot act as your attorney and advise how these forms are to be completed.

4. If the State Attorney has dropped the charges on my case, why is it still showing when record searches are performed?: It is the responsibility of the defendant to request for a case to be sealed or expunged. A criminal case can be dropped by the state but this does not remove the case from our records.

5. Why can I only have one case sealed or expunged and not my entire criminal history?: Florida law states a defendant may have one case sealed or expunged in a lifetime.