How to File for Expungement in Florida
How to apply to clear a criminal record in Florida: the petition, court, fee and fee waiver, and what happens at the hearing.
Short 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. Fla. Stat. §§ 943.0585(2)-(5), 943.059(2)-(3)
| 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. |
|---|---|
| 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. |
| 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. |
Where to get help in Florida
More Florida expungement & criminal records
- Getting a Copy of Your Florida Criminal Record
- Expunging or Sealing a Felony in Florida
- Clearing a DUI From Your Record in Florida
- Sealing or Expunging Juvenile Records in Florida
- All Florida expungement & criminal records rules
FAQ
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.
How much does expungement cost in Florida?
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.
Can you clear an arrest or dismissed charge in Florida?
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.
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.