Block A — Metadata Title (H1): Expunging a Criminal Record in Florida: Your Criminal Defense Guide

In Florida, you can expunge a felony or misdemeanor arrest record if the charges were dismissed, the prosecution declined to file, or you were acquitted at trial — and you meet all other eligibility requirements under Florida Statute 943.0585. Expungement physically destroys the record, making it as if the arrest never occurred. Sealing, governed by Florida Statute 943.059, hides the record from the public but allows certain government agencies to access it. Understanding which pathway applies to your situation is the first step toward clearing your name.

Expungement vs. Sealing: What Is the Difference?

Expungement and sealing are often confused, but they produce different legal outcomes. Expungement, as defined in Florida Statute 943.045(16), is the court-ordered physical destruction or obliteration of a criminal record by any criminal justice agency that holds it. Once expunged, you can legally deny the arrest ever occurred for most purposes.

Sealing preserves the record but shields it from public view. Employers running standard background checks will not see a sealed record. However, city, county, state, and federal government agencies — including law enforcement, the military, and certain licensing boards — retain the legal right to access sealed records. A sealed record may become eligible for expungement after it has remained sealed for at least 10 years with no subsequent criminal activity.

Florida law allows only one sealing or expungement in a lifetime under Sections 943.0585 and 943.059, Florida Statutes. Multiple arrests from the same incident may be eligible for sealing or expungement in a single proceeding if the court finds them directly related, but a person cannot seal one record and return later to expunge a separate arrest.

How to Expunge a Felony in Florida: Eligibility Requirements

Any felony arrest — including charges for serious or violent offenses — can be expunged under Florida law if the case was dismissed, the charges were dropped (nolle prosequi), the State Attorney took no action, or you were acquitted at trial. There is no statutory list of felonies that categorically block expungement when the case did not result in a conviction or withhold of adjudication. The disqualifying rules apply differently depending on how your case ended.

You Are Eligible for Expungement If:

1. Your charges were dismissed, dropped, or resulted in a not-guilty verdict at trial
2. You have never been adjudicated guilty of any criminal offense in Florida or any other jurisdiction
3. You have not previously sealed or expunged a criminal record in Florida
4. You are not currently under any form of court supervision, probation, or community control
5. You have no pending criminal charges in any jurisdiction

You Are Eligible for Sealing (Not Expungement) If:

1. The judge entered a withhold of adjudication — meaning you pled guilty or no contest, but were not formally convicted
2. The offense is not on the list of disqualifying crimes under Florida Statute 943.0584
3. You meet all other eligibility criteria above

A case that resulted in a withhold of adjudication cannot be expunged directly — it must first be sealed. After the record has remained sealed for at least 10 years with no subsequent criminal activity, expungement may become available.

Disqualifying Offenses Under Florida Statute 943.0584

Certain offenses cannot be sealed or expunged under any circumstances when the case resulted in a conviction or withhold of adjudication. These disqualifications are absolute — no judge has discretion to override them. The complete list is found in Florida Statute 943.0584 and includes, among others: sexual misconduct and battery, aggravated assault and aggravated battery, arson, burglary of a dwelling, carjacking, child abuse, home invasion robbery, homicide, human trafficking, kidnapping, robbery, and any offense requiring registration as a sexual predator or sexual offender.

A critical nuance: if your case involving one of these offenses was dismissed or resulted in a not-guilty verdict, expungement may still be available. The disqualifying list primarily applies to cases where a judge entered a conviction or withheld adjudication on the charge. If the charges were never filed or were dropped outright, the path to expungement remains open regardless of the original offense.

Automatic Sealing Under Florida Statute 943.0595

Since October 1, 2019, Florida law requires the Florida Department of Law Enforcement (FDLE) to automatically seal a criminal history record — without any action on your part — when the clerk of court electronically submits a qualifying disposition. Automatic sealing applies when charges were dismissed before trial (nolle prosequi), the court entered a judgment of acquittal, or the individual was found not guilty, and the offense is not a forcible felony as defined in Florida Statute 776.08.

Automatic sealing is not retroactive and only applies to qualifying dispositions submitted after October 1, 2019. It also does not seal records at the local level — only the FDLE's criminal history database is affected. If you want the record physically destroyed, or if you need local law enforcement and court records cleared, you must still pursue the petition-based expungement process described below.

Step-by-Step: How to Expunge a Criminal Record in Florida

The full expungement process in Florida typically takes six to nine months from start to finish, depending on FDLE processing times and local court schedules. The steps below apply to court-ordered expungement under Florida Statute 943.0585.

Step 1: Obtain a Certified Copy of Your Case Disposition

Before applying to FDLE, you need an official certified copy of the final disposition of your case — the document showing how the charge resolved. This comes from the clerk of court in the county where the case was filed. Some counties charge a small fee for certified copies. If your case is older or involves sealed records, allow additional processing time.

Step 2: Apply for a Certificate of Eligibility from FDLE

The Certificate of Eligibility is the required first step toward court-ordered expungement. Without it, no petition can be filed. You can obtain the application directly from the FDLE Seal and Expunge Section or by emailing SEinfo@fdle.state.fl.us. The application requires your personal information, arrest details, the arresting agency, charge descriptions, and a fingerprint card from a state-approved live scan vendor — as of 2026, Florida mandates live scan fingerprinting, which has replaced the older ink-based card process.

Submit the completed application along with the certified disposition and the required processing fee. FDLE typically takes up to 12 weeks to process applications. They conduct state, national, and criminal traffic records checks. If approved, FDLE issues a Certificate of Eligibility that is valid for 12 months. If denied, the denial can be challenged through an administrative process, but grounds for reversal are limited.

Step 3: File a Petition to Expunge with the Circuit Court

Once you have the Certificate of Eligibility, file a Petition to Expunge with the circuit court in the county where the arrest occurred. The petition must include the Certificate of Eligibility, a sworn affidavit confirming you have not been adjudicated guilty of any charge in the case and have not previously sealed or expunged a record, a proposed order for the judge to sign, and any other documentation the court requires. Errors or omissions in the petition are among the most common reasons for delays or denial.

Step 4: Serve the State Attorney's Office

After filing with the court, you must serve a copy of the petition and all supporting documents on the State Attorney's Office in the circuit where the petition was filed. The State Attorney reviews the petition and may file an objection if they believe the legal requirements for expungement are not met. If no objection is filed and all documentation is in order, the clerk typically forwards the file to the judge, who may grant the petition without a formal hearing.

Step 5: Court Review and Order of Expungement

If the State Attorney objects, or if the court has questions about the petition, a hearing may be scheduled. At the hearing, you or your attorney will present arguments supporting the petition. If the court grants the petition, it issues an Order of Expungement directing all relevant agencies — the arresting law enforcement agency, the clerk of court, and FDLE — to expunge the specified records. Ensure the order is properly disseminated to every agency that holds a copy of your criminal history to achieve full compliance.

2026 Update: Live Scan Fingerprinting Now Required

As of 2026, Florida mandates the use of state-approved live scan vendors for fingerprint submission as part of the FDLE Certificate of Eligibility application. This replaces the older ink-based fingerprint card process. Live scan technology improves accuracy and reduces turnaround time. Before submitting, confirm that your chosen vendor is on FDLE's approved list — submitting fingerprints through an unapproved vendor will delay or invalidate your application.

Special Expungement Pathways in Florida

Beyond the standard petition process, Florida law provides several additional expungement pathways for specific circumstances:

1. Administrative Expungement (Fla. Stat. 943.0581): Available when an arrest was made contrary to law or by mistake. This process goes through the arresting agency rather than the court.
2. Human Trafficking Expungement (Fla. Stat. 943.0583): Victims of human trafficking may petition to expunge criminal records resulting from offenses committed as part of the trafficking scheme.
3. Lawful Self-Defense Expungement (Fla. Stat. 943.0578): Available when charges were dismissed or never filed based on a lawful self-defense claim, upon certification by the State Attorney.
4. Juvenile Diversion Expungement (Fla. Stat. 943.0582): Juveniles who complete an eligible diversion program may apply for expungement of the related arrest record, including for certain felony offenses under Senate Bill 274 (2021).
5. Automatic Juvenile Expungement (Fla. Stat. 943.0515): Juvenile records are automatically expunged at age 21 (or 26 for those committed to a juvenile correctional facility), provided certain conditions are satisfied.

What to Look for in a Florida Criminal Defense Attorney

While expungement can technically be pursued without an attorney, the process involves strict deadlines, multi-agency coordination, and precise legal requirements. A single error in the petition or a missed disqualifier can result in denial and lost time. An experienced Florida criminal defense attorney can assess your eligibility, identify the correct pathway — direct expungement, seal-first, or a special pathway — gather documentation, draft the petition, and represent you at any hearing.

When evaluating attorneys for Florida expungement, consider the following:

1. Experience specifically with Florida expungement and sealing cases under Sections 943.0585 and 943.059, not just general criminal defense
2. Familiarity with local circuit courts and the State Attorney's Office in the county where your arrest occurred
3. Good standing with the Florida Bar, which offers a public directory for verifying an attorney's license and disciplinary history
4. Transparent fee structure — reputable attorneys provide a written explanation of all costs, including FDLE processing fees and court filing fees, before work begins
5. Clear communication style, with the ability to explain complex eligibility questions in plain language

You can search for qualified criminal defense attorneys in Florida through AttorneyReview.com's Criminal Defense directory, or get matched with a pre-screened attorney in your area — free consultation, no obligation.

What Happens After Expungement

Once all agencies comply with the Order of Expungement, the legal effect is significant. For most purposes, you can lawfully deny that the arrest or criminal matter ever occurred. Standard employer background checks, housing applications, and most professional licensing inquiries will not reveal the expunged record. This can remove barriers to employment, education, housing, and professional licensing that a criminal record would otherwise create.

There are exceptions. Certain government agencies, law enforcement employers, and licensing boards — including those regulating professions involving children, the elderly, or vulnerable populations — retain the right to access expunged records for specific purposes as outlined in Florida Statutes 943.0585 and 943.059. An attorney can advise you on which disclosures, if any, remain required in your specific industry or licensing context.

Frequently Asked Questions About Florida Expungement

Can a felony be expunged in Florida?

Yes. Any felony arrest — including charges for serious or violent offenses — can be expunged in Florida if the charges were dismissed, the prosecution declined to file, or you were acquitted at trial. There is no categorical list of felonies that block expungement when the case did not result in a conviction or withhold of adjudication. If the case ended favorably, the path to expungement is open regardless of the original charge.

What is the difference between expungement and sealing in Florida?

Expungement physically destroys the criminal record, allowing you to lawfully deny the arrest occurred for most purposes. Sealing hides the record from the public but keeps it accessible to certain government agencies. Expungement requires a dismissal or acquittal; sealing is available when adjudication was withheld. A sealed record may become eligible for expungement after 10 years.

How long does expungement take in Florida?

The full process typically takes six to nine months. FDLE takes up to 12 weeks to process the Certificate of Eligibility application alone. Court processing time varies by county. Complications such as objections from the State Attorney, incomplete documentation, or hearing scheduling can extend the timeline.

Can I expunge a record if adjudication was withheld?

Not directly. A withhold of adjudication is not a conviction, but it makes the record eligible for sealing only — not immediate expungement. After the record has remained sealed for at least 10 years with no subsequent criminal activity, you may then petition for expungement, provided the offense is not on the disqualifying list under Florida Statute 943.0584.

How much does expungement cost in Florida?

Costs include the FDLE Certificate of Eligibility processing fee, court filing fees in the circuit where the petition is filed, the cost of certified court documents, and live scan fingerprinting fees. Attorney fees vary by firm and case complexity. Consulting with an attorney before filing is strongly recommended to avoid denial due to procedural errors.

Can I expunge my record myself without an attorney?

Florida law does not require an attorney to file for expungement. However, FDLE's own guidance notes that the process sometimes involves complex legal issues where an attorney's assistance may be helpful. Given the strict eligibility rules, multi-agency process, and the fact that Florida permits only one expungement in a lifetime, professional legal guidance significantly reduces the risk of a denied petition.

Does an expunged record show up on a background check?

For most private employer background checks, an expunged record will not appear. However, certain government employers, law enforcement agencies, and professional licensing boards retain access to expunged records for specific purposes under Florida law. Additionally, some third-party data aggregators and mugshot websites may continue to display arrest information even after expungement — separate removal requests to those sites may be necessary.

What offenses are ineligible for expungement in Florida?

Florida Statute 943.0584 lists offenses that cannot be sealed or expunged when the case resulted in a conviction or withhold of adjudication. These include sexual misconduct, aggravated assault and battery, arson, burglary of a dwelling, carjacking, child abuse, homicide, human trafficking, kidnapping, robbery, and offenses requiring registration as a sexual predator or offender. If the case involving one of these charges was dismissed or resulted in an acquittal, expungement may still be available.

What is automatic sealing in Florida?

Under Florida Statute 943.0595, FDLE is required to automatically seal a criminal history record — with no action required by the individual — when the clerk of court electronically submits a qualifying disposition showing the charges were dismissed or the defendant was acquitted, and the offense is not a forcible felony. Automatic sealing applies only to dispositions submitted after October 1, 2019, and does not seal records at the local level.

Can I expunge multiple arrests in Florida?

Florida law allows only one sealing or expungement in a lifetime under Sections 943.0585 and 943.059. Multiple arrests may be included in a single proceeding if the court finds them directly related — for example, charges filed on the same day or arising from the same incident. A person cannot seal one arrest record and later petition to expunge a separate, unrelated arrest.

Do I have to disclose an expunged record on a job application?

For most private employers, you are not required to disclose an expunged record and can legally deny the arrest occurred. However, certain government agencies, professional licensing boards — particularly those involving healthcare, law, education, or positions working with children or the elderly — may still require disclosure. An attorney can advise you on the specific disclosure requirements that apply to your profession.

Is there a waiting period to file for expungement in Florida?

There is no statutory waiting period if your case was dismissed or you were acquitted — you may apply for the Certificate of Eligibility immediately after the disposition is final. If adjudication was withheld, you must seal the record first and wait at least 10 years before applying for expungement. There is also no time limit based on when the arrest occurred — old arrests remain eligible for expungement if all other criteria are met.

Ready to clear your record? Get matched with a pre-screened Florida criminal defense attorney — free consultation, no obligation.

Disclaimer: This content is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Joy Coleman is licensed in Georgia and New Jersey and is not licensed to practice law in Florida. Readers should consult a qualified attorney licensed in Florida for guidance specific to their situation.