Question 1

Can you get a criminal record expunged in Florida?

Accepted Answer

Florida offers court-ordered "expunction" (records physically destroyed by most agencies, with FDLE keeping a confidential copy) and court-ordered "sealing" (records kept but closed to the public). Both require a certificate of eligibility from FDLE before petitioning the court. Some non-conviction records are sealed automatically, and juvenile records are expunged automatically at set ages. A person who was adjudicated guilty of any criminal offense in Florida generally cannot seal or expunge any record.

Question 2

Can you clear an arrest or dismissed charge in Florida?

Accepted Answer

A record may be expunged if no charging document was filed, or if charges were dismissed, nolle prossed, or ended in acquittal or a not-guilty verdict, provided the person has never been adjudicated guilty of a crime in Florida (or adjudicated delinquent for a felony or certain listed misdemeanors), was not adjudicated on any charge from that arrest, is not under court supervision, and has never had a prior sealing or expunction. The state attorney must certify that the record qualifies. Separately, FDLE automatically seals records where no charges were filed, all charges were dismissed, or there was an acquittal on all counts, unless the charge was a forcible felony or a listed sex offense.

Question 3

Can a misdemeanor be expunged in Florida?

Accepted Answer

Only cases where adjudication was withheld (the person was not adjudicated guilty) can be cleared. Such a record may be sealed if the offense is not on the ineligible list, the person has never been adjudicated guilty of any criminal offense in Florida, is no longer under court supervision, and has never had a prior sealing or expunction. A record sealed for at least 10 years may later be expunged if otherwise eligible. There is no separate waiting period for sealing once supervision ends. A misdemeanor conviction with an adjudication of guilt cannot be sealed or expunged.

Question 4

Can a felony be expunged in Florida?

Accepted Answer

The same rules apply to felonies: a felony with adjudication withheld may be sealed if the person has no prior adjudication of guilt and no prior sealing or expunction, and the offense is not on the ineligible list. Ineligible offenses (even with adjudication withheld) include murder, manslaughter, sexual offenses and any offense requiring sex-offender registration, aggravated assault and battery, felony battery, domestic assault or battery, stalking, kidnapping, robbery, carjacking, home-invasion robbery, arson, burglary of a dwelling, child abuse, abuse of an elderly or disabled adult, human trafficking, terrorism, drug trafficking and manufacturing a controlled substance, among others.

Question 5

Does Florida have automatic record clearing (clean slate)?

Accepted Answer

Yes, for some non-conviction records. When a case ends with no charges filed, dismissal of all counts, or acquittal or not-guilty verdict on all counts, the clerk sends the disposition to FDLE, which seals the record, and the clerk keeps the court record confidential. This does not apply to forcible felonies, listed sex offenses, insanity acquittals, or certain competency-related dismissals, and there is no limit on how many times it can happen. Automatic sealing does not require other agencies to seal their records. Juvenile records are also expunged automatically at age 21 or 26 depending on the offender classification.

Question 6

How do you seal a juvenile record in Florida?

Accepted Answer

FDLE keeps a minor's criminal history record until age 21 and then expunges it, or until age 26 for serious or habitual juvenile offenders or those committed to maximum-risk facilities, unless the person is later charged with or convicted of a forcible felony as an adult (in which case the juvenile record merges into the adult record). A person aged 18 to 20 may apply to FDLE for early expunction of offenses committed before 18 if not charged with or found to have committed any offense in the past five years, with state attorney approval, fingerprints, a sworn statement and a $75 fee (which may be waived). Records of juveniles adjudicated for certain sex offenses are kept permanently.

Question 7

How do you file for expungement in Florida?

Accepted Answer

First apply to FDLE for a certificate of eligibility for expunction or sealing, with a certified copy of the court disposition (and, for expunction, a certified statement from the state attorney that the record qualifies) and the $75 fee. The certificate is valid for 12 months. Then file a petition in court with the certificate and a sworn statement that the person meets the requirements and has no other sealing or expunction petition pending (false statements are a third-degree felony). Serve the state attorney and the arresting agency, which may respond. The court may grant or deny the petition in its discretion and generally covers one arrest per petition.

Question 8

How much does expungement cost in Florida?

Accepted Answer

FDLE charges a $75 processing fee for a certificate of eligibility for sealing or expunction, unless the executive director waives it. The court's filing fee for the petition is separate.

Question 9

What happens after a record is expunged or sealed in Florida?

Accepted Answer

After expunction, agencies destroy the record except FDLE, which keeps a confidential copy available only by court order. After sealing or expunction, the person may lawfully deny or fail to acknowledge the arrests covered by the record, except in listed situations, including applying to work for a criminal justice agency, being a defendant in a criminal case, applying to The Florida Bar, seeking jobs or licenses with certain agencies serving children, the elderly or disabled people, seeking jobs with schools and child care licensing, and buying a firearm from a licensed dealer. Sealed and expunged records may affect immigration matters differently.

What relief the state offers	Florida offers court-ordered "expunction" (records physically destroyed by most agencies, with FDLE keeping a confidential copy) and court-ordered "sealing" (records kept but closed to the public). Both require a certificate of eligibility from FDLE before petitioning the court. Some non-conviction records are sealed automatically, and juvenile records are expunged automatically at set ages. A person who was adjudicated guilty of any criminal offense in Florida generally cannot seal or expunge any record. Source: Fla. Stat. §§ 943.0585, 943.059, 943.0595, 943.0515
Arrests and dismissed charges	A record may be expunged if no charging document was filed, or if charges were dismissed, nolle prossed, or ended in acquittal or a not-guilty verdict, provided the person has never been adjudicated guilty of a crime in Florida (or adjudicated delinquent for a felony or certain listed misdemeanors), was not adjudicated on any charge from that arrest, is not under court supervision, and has never had a prior sealing or expunction. The state attorney must certify that the record qualifies. Separately, FDLE automatically seals records where no charges were filed, all charges were dismissed, or there was an acquittal on all counts, unless the charge was a forcible felony or a listed sex offense. Source: Fla. Stat. §§ 943.0585(1)-(2), 943.0595(2)
Misdemeanor convictions	Only cases where adjudication was withheld (the person was not adjudicated guilty) can be cleared. Such a record may be sealed if the offense is not on the ineligible list, the person has never been adjudicated guilty of any criminal offense in Florida, is no longer under court supervision, and has never had a prior sealing or expunction. A record sealed for at least 10 years may later be expunged if otherwise eligible. There is no separate waiting period for sealing once supervision ends. A misdemeanor conviction with an adjudication of guilt cannot be sealed or expunged. Source: Fla. Stat. §§ 943.059(1), 943.0585(1)(h)
Felony convictions	The same rules apply to felonies: a felony with adjudication withheld may be sealed if the person has no prior adjudication of guilt and no prior sealing or expunction, and the offense is not on the ineligible list. Ineligible offenses (even with adjudication withheld) include murder, manslaughter, sexual offenses and any offense requiring sex-offender registration, aggravated assault and battery, felony battery, domestic assault or battery, stalking, kidnapping, robbery, carjacking, home-invasion robbery, arson, burglary of a dwelling, child abuse, abuse of an elderly or disabled adult, human trafficking, terrorism, drug trafficking and manufacturing a controlled substance, among others. Source: Fla. Stat. §§ 943.0584, 943.059(1)
Juvenile records	FDLE keeps a minor's criminal history record until age 21 and then expunges it, or until age 26 for serious or habitual juvenile offenders or those committed to maximum-risk facilities, unless the person is later charged with or convicted of a forcible felony as an adult (in which case the juvenile record merges into the adult record). A person aged 18 to 20 may apply to FDLE for early expunction of offenses committed before 18 if not charged with or found to have committed any offense in the past five years, with state attorney approval, fingerprints, a sworn statement and a $75 fee (which may be waived). Records of juveniles adjudicated for certain sex offenses are kept permanently. Source: Fla. Stat. § 943.0515

How to apply	First apply to FDLE for a certificate of eligibility for expunction or sealing, with a certified copy of the court disposition (and, for expunction, a certified statement from the state attorney that the record qualifies) and the $75 fee. The certificate is valid for 12 months. Then file a petition in court with the certificate and a sworn statement that the person meets the requirements and has no other sealing or expunction petition pending (false statements are a third-degree felony). Serve the state attorney and the arresting agency, which may respond. The court may grant or deny the petition in its discretion and generally covers one arrest per petition. Source: Fla. Stat. §§ 943.0585(2)-(5), 943.059(2)-(3)
Filing fee	FDLE charges a $75 processing fee for a certificate of eligibility for sealing or expunction, unless the executive director waives it. The court's filing fee for the petition is separate. The clerk of court filing fee for the petition was not confirmed from an official source. Source: Fla. Stat. §§ 943.0585(2)(a)4., 943.059(2)(a)3.
Automatic (clean slate) relief	Yes, for some non-conviction records. When a case ends with no charges filed, dismissal of all counts, or acquittal or not-guilty verdict on all counts, the clerk sends the disposition to FDLE, which seals the record, and the clerk keeps the court record confidential. This does not apply to forcible felonies, listed sex offenses, insanity acquittals, or certain competency-related dismissals, and there is no limit on how many times it can happen. Automatic sealing does not require other agencies to seal their records. Juvenile records are also expunged automatically at age 21 or 26 depending on the offender classification. Source: Fla. Stat. §§ 943.0595, 943.0515

Florida Expungement Laws: How to Clear or Seal a Criminal Record

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