Many people check the clerk's website after a judge signs their order and are surprised to find the case number still there, or worried that it might be. The court file is handled by the clerk of the county where the case was filed, under the court's own rules, and on a different track from FDLE's statewide record. How the firm helps with the whole process is on our records expungement page.
What does the clerk do with a sealing order, step by step?
- The petition is filed with the clerk. It must include a valid FDLE certificate of eligibility and a sworn statement, and it is served on the State Attorney and the arresting agency (Fla. R. Crim. P. 3.692(a)). A certificate is valid for 12 months (s. 943.059(2)(b)). The earlier steps are in how to seal or expunge a record, step by step.
- The judge decides. The State Attorney and the arresting agency may respond, the court may take evidence, and any request "may be denied at the sole discretion of the court" (Fla. R. Crim. P. 3.692(b), (c)). In Palm Beach County, the Clerk says the judge reviews the documents at a hearing the court schedules.
- The clerk sends certified copies. They go to every agency named in the order, the State Attorney, the arresting agency, and any other agency the court records show received the record (Fla. R. Crim. P. 3.692(d)(1); s. 943.059(5)(b)).
- The clerk clears its own records. The clerk must "remove from the official records of the court, excepting the court file, all entries and records subject to the order," then seal those entries "together with the court file" and keep them "in a nonpublic index, subject to further order of the court" (Fla. R. Crim. P. 3.692(d)(2)(A), (B)).
- Public searches stop showing it. Once removed from the public index, the case should no longer appear in the clerk's public search tools, such as eCaseView in Palm Beach County.
How do the four South Florida clerks handle it?
| County | Forms | Clerk fee or note | Contact |
|---|---|---|---|
| Palm Beach | Packet from the Clerk's Self-Service Center for a nominal fee, with a fingerprint card | Certified copies must be requested and paid for before the case is expunged; afterward the Clerk cannot provide case information or copies | Criminal Department, (561) 355-2994; P.O. Box 3544, West Palm Beach |
| Broward | Petition, affidavit and order forms from the State Attorney's website; the affidavit must be notarized | "Sealing of court file or expunging of any record": $42 on the Clerk's fee schedule, paid with copy costs after the judge signs | State Attorney help line 954-831-6955 |
| Miami-Dade | Petition, affidavit, order and notice of hearing forms listed on the Clerk's criminal records page | Forms cite s. 943.059 or s. 943.0585 and Rule 3.692 | Public Defender Redemption Hotline 305-545-1616 |
| Martin | Packets free of charge in the Clerk's Criminal Division | Certified disposition: $1.00 per page plus $2.00 per document to certify | Martin County Clerk, Criminal Division |
The Palm Beach Clerk also keeps a "Sealed Cases" page where court orders and other documents about sealing case files are posted "for the duration of time ordered by the court," under the circuit's Administrative Order No. 2.303. When checked on October 4, 2026, the page listed no postings.
Is the clerk's record the same as my FDLE record?
No, and the difference explains most confusion. The clerk keeps the court file: the charging document, the docket, the plea and the judgment. FDLE keeps the statewide criminal history record built from fingerprints, which is what most background checks pull. A sealing order reaches both, but through different routes. FDLE seals its record once it receives a certified copy of the order, and then writes to the arresting agency and the other criminal justice agencies involved. The clerk seals the court file under Rule 3.692. One can be finished before the other, so checking only one of them can give a false picture.
Whether a plea counts against eligibility depends on how the judgment was worded. A conviction cannot be sealed, while a plea with adjudication withheld often can, as explained in what a withhold of adjudication is. To see what FDLE holds, request a free Personal Review with fingerprints; to see what the court holds, search the clerk's public system for each case number.
Why might my case still show up?
There are four common reasons. First, the order may not have reached the clerk's records yet, or the fee may be unpaid; Broward's State Attorney notes that the clerk forwards the order after the $42 fee and copy costs are paid. Second, the order may cover only one arrest; a court may seal more than one arrest only if they "directly relate" to the original one and the order says so (s. 943.059(4)(c)). Third, the case may be in a different county's system, because each clerk keeps its own records. Fourth, the information may be on a private site that copied the docket earlier. FDLE says private sites "are not subject to an expungement order" and must be contacted directly; booking photos are covered in how to get a mugshot taken down.
A dismissed case is different. If all counts were dismissed, nolle prossed or acquitted, FDLE seals its record automatically and notifies the clerk, who "must automatically keep the related court record" confidential (s. 943.0595(3)(b)). That process is explained in whether your record is already sealed automatically.
What changes the answer?
- Sealing versus expunction. For both, the clerk removes the public entries and seals the file under Rule 3.692(d)(2). Agencies other than FDLE must physically destroy expunged records (s. 943.0585(6)(a)), and FDLE releases an expunged record only on a court order.
- Court procedures. Courts "have jurisdiction over their own procedures, including the maintenance, sealing, and correction of judicial records" (s. 943.059(4)(a)), so local practice can differ by circuit.
- A partial order. A court may seal "only a portion" of a record for one arrest (s. 943.059(4)(c)). Read what your order lists.
- Multi-defendant cases. The clerk makes a certified copy of the file to seal and then removes references to the petitioner from the original file (Fla. R. Crim. P. 3.692(d)(2)(C)), so co-defendants' records stay public.
- Eligibility. A judge cannot order sealing without an FDLE certificate (s. 943.059(4)(b)). Who qualifies is set out in whether you are eligible to seal or expunge. DUI cases follow their own rule, covered in whether a DUI can be sealed.
A worked example
For example, picture a hypothetical man whose 2021 Broward petit theft case ended with adjudication withheld after he completed the court's conditions. He gets an FDLE certificate, files his petition, affidavit and proposed order with the Broward Clerk within the 12 months, and gives copies to the State Attorney. After the judge signs, the Clerk contacts him, he pays the $42 fee and the copy costs, and the Clerk sends certified copies to the State Attorney and the arresting agency and gives him a certified copy as confirmation. The Clerk then removes the case from the public records and keeps the file in a nonpublic index. A month later a free background site still lists the old case, because it copied the docket in 2021; he sends that site a copy of the order. Had he also been arrested on an unrelated charge in Palm Beach County, that case would stay public unless separately eligible. This illustration is not a prediction for any case.
Common mistakes people make
- Not ordering certified copies of the disposition and the file before the case is sealed or expunged, when the Palm Beach Clerk says it can no longer provide them.
- Letting the 12-month certificate expire before filing the petition.
- Not paying the clerk's fee after the order is signed, which can hold up distribution.
- Assuming one order covers every arrest, or every county.
- Searching only the clerk's site and not checking private background sites that copied the case.
What to do this week
- Get a copy of your signed order and confirm the case numbers and agencies it names.
- Call the clerk's criminal department (in Palm Beach County, (561) 355-2994) to confirm the order was received and the fee paid.
- Search the clerk's public system for each case number and note what still appears.
- Check whether any other arrest, in any county, also needs attention.
- Request a free FDLE Personal Review if you want to confirm the state record was sealed.
- Send copies of the order to private sites that still show the case, and review what employers can see after sealing.
Frequently asked questions
How long after the order does the case leave the clerk's site?
No statute or rule sets a number of days. The clerk acts on the order once it is received and any fee is paid, so confirm with the clerk's criminal department if it still appears.
Can I still get copies of my own sealed file?
The subject of a sealed record and the subject's attorney may access it (s. 943.059(6)(a)). For an expunged case, the Palm Beach Clerk says it "will not be able to provide any case information or copies," and FDLE releases an expunged record only on a court order.
Does the clerk tell the police?
Yes. Certified copies go to the State Attorney and the arresting agency, and the arresting agency forwards the order to those it shared the record with (s. 943.059(5)(b)).
Is a juvenile case on the public clerk website?
Juvenile court records are not open to public inspection except as the law allows (s. 985.045(2)). The juvenile rules are in whether a juvenile record can be expunged.
What if the judge denies the petition?
The court has discretion to deny a petition even from an eligible person (s. 943.059(4)(e)). A lawyer can review whether to try again later or whether a different remedy fits.
Do I need a hearing?
The rule allows the court to receive evidence on any disputed fact (Fla. R. Crim. P. 3.692(b)). In Palm Beach County, the Clerk describes the judge reviewing the filing at a scheduled hearing.
How can Mr. Mead help?
Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts, and he can follow an order through the clerk's office to confirm it was carried out. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.
Every case is different, and no result can be promised. If a sealed case is still showing up, a confidential call to (561) 362-6677 is a sound first step.
Sources
- Florida Rules of Criminal Procedure, Rule 3.692, Petition to Seal or Expunge (October 1, 2026 edition, The Florida Bar)
- Florida Statutes s. 943.059: Court-ordered sealing of criminal history records (Florida Legislature)
- Florida Statutes s. 943.0585: Court-ordered expunction of criminal history records (Florida Legislature)
- Florida Statutes s. 943.0595: Automatic sealing of criminal history records (Florida Legislature)
- Florida Statutes s. 985.045: Court records (Florida Legislature)
- Sealing and Expungement of Records (Clerk of the Circuit Court and Comptroller, Palm Beach County)
- Sealed Cases (Clerk of the Circuit Court and Comptroller, Palm Beach County)
- Fees and Costs (Broward County Clerk of Courts)
- What to Do Once You Have Received a Certificate of Eligibility (Office of the State Attorney, 17th Judicial Circuit)
- Criminal Records (Miami-Dade Clerk of the Court and Comptroller)
- Criminal (Martin County Clerk of Court and Comptroller)
- Seal and Expunge Frequently Asked Questions (Florida Department of Law Enforcement)
Don't face this charge alone
The sooner you contact Mr. Mead, the more effective your defense can be. Your call is confidential.