Expunging or Sealing a Felony in Florida
Which felony convictions can be expunged or sealed in Florida, the waiting period, and how to file.
Short 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. Fla. Stat. §§ 943.0584, 943.059(1)
| 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. |
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| 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. |
| What clearing a record does | 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. |
Where to get help in Florida
More Florida expungement & criminal records
- Getting a Copy of Your Florida Criminal Record
- Clearing a DUI From Your Record in Florida
- How to File for Expungement in Florida
- Sealing or Expunging Juvenile Records in Florida
- All Florida expungement & criminal records rules
FAQ
Can a felony be expunged in Florida?
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.
How do you file for expungement in Florida?
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.
What happens after a record is expunged or sealed in Florida?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.