Do You Qualify for Expungement in Florida

Do You Qualify for Expungement in Florida? Eligibility Checklist

You may qualify to expunge a Florida criminal record if the charge was never filed, dismissed, or resolved through an acquittal or not-guilty verdict, and you have no disqualifying adjudications, offenses, prior court-ordered sealing or expunction, or unfinished court supervision. Eligibility must be confirmed by the Florida Department of Law Enforcement before you can petition the court.

A dismissed charge does not disappear automatically.

Florida expunction generally requires two separate approvals:

1. A Certificate of Eligibility from the Florida Department of Law Enforcement
2. A court order granting the petition to expunge

FDLE certification means the record appears statutorily eligible. It does not require the judge to grant expunction.

Florida Expungement Eligibility Checklist

Use this checklist as an initial screening tool. Every answer must be confirmed against the complete criminal history and certified case disposition.

1. How Did the Case End?

You may be eligible for immediate court-ordered expunction when:

• No indictment, information, or other charging document was filed
• The prosecutor dismissed or nolle prossed the charge
• The court dismissed the charge
• A judge entered a judgment of acquittal
• A judge or jury returned a not-guilty verdict

These are the principal qualifying dispositions identified in section 943.0585, Florida Statutes.

Potentially eligible: Charge dropped without a plea
Potentially eligible: Prosecutor declined to file charges
Potentially eligible: Acquitted at trial
Usually not immediately eligible for expunction: Guilty or no-contest plea with adjudication withheld

A case involving a withheld adjudication may qualify for sealing rather than immediate expunction.

2. Did You Plead Guilty or No Contest?

A plea does not always prevent record relief, but it may change which remedy is available.

When a person pleaded guilty or no contest and adjudication was withheld, the case may qualify for court-ordered sealing if the offense and criminal history are otherwise eligible.

A qualifying sealed record may later become eligible for expunction after remaining sealed for at least 10 years. Immediate expunction is generally reserved for cases that ended without a plea or finding of guilt, such as dismissal or acquittal.

The disposition of every charge from the incident matters. A dismissed felony may not qualify for immediate expunction if another charge from the same arrest resulted in a plea.

3. Have You Ever Been Adjudicated Guilty of a Criminal Offense in Florida?

An adult adjudication of guilt for a criminal offense in Florida generally disqualifies a person from court-ordered sealing or expunction under the standard statutes.

This may include criminal traffic offenses such as:

• Driving under the influence
• Reckless driving
• Certain convictions for driving while a license is suspended, canceled, or revoked

Ordinary noncriminal traffic infractions generally do not have the same effect. FDLE checks criminal-history, court, and Florida driving-record databases when evaluating eligibility.

Likely disqualifying: Prior misdemeanor conviction with adjudication of guilt
Likely disqualifying: Prior felony conviction
Potentially not disqualifying by itself: Prior charge dismissed without conviction
Potentially not disqualifying by itself: Eligible prior case with adjudication withheld

A withheld adjudication is different from an adjudication of guilt, but it can still make a particular offense ineligible under Florida’s disqualifying-offense statute.

4. Do You Have a Disqualifying Juvenile Record?

Certain juvenile adjudications can prevent adult court-ordered expunction.

Florida law generally disqualifies an applicant who was adjudicated delinquent for:

• A felony
• Assault
• Battery
• Certain weapons offenses
• Other specified misdemeanor offenses

An expunged juvenile record may be treated differently. The complete juvenile history must be reviewed rather than relying on the assumption that juvenile cases never affect adult eligibility.

5. Did Any Charge From This Arrest Result in an Adjudication of Guilt?

To expunge a record arising from a particular arrest or incident, the applicant cannot have been adjudicated guilty of an offense arising from that same incident.

This becomes important when an arrest produced several charges.

Example

A person is arrested for two offenses:

• Charge one is dismissed
• Charge two results in a conviction

The dismissed charge generally cannot be isolated and expunged as though the conviction from the same incident did not exist.

FDLE reviews the entire arrest event and all related dispositions.

6. Is the Offense Statutorily Disqualified?

Section 943.0584 identifies offenses that cannot be sealed or expunged when the record constitutes a statutory “conviction.”

For this purpose, conviction includes:

• A finding of guilt after trial
• A guilty plea
• A no-contest plea
• A qualifying juvenile finding or plea

This definition applies even when adjudication was withheld.

The disqualifying list includes many serious offenses involving:

• Domestic violence battery
• Aggravated assault or battery
• Sexual offenses
• Child abuse or exploitation
• Human trafficking
• Homicide
• Kidnapping
• Robbery
• Arson
• Terrorism
• Certain drug-trafficking offenses
• Certain public-corruption offenses

A charge appearing on the disqualifying list does not necessarily prevent expunction when it was dismissed without a guilty or no-contest plea. The critical questions are the exact charge and how it was resolved.

7. Have You Completed Every Court-Ordered Requirement?

All court supervision connected with the case must generally be completed before expunction.

This may include:

• Probation
• Pretrial intervention
• Diversion
• Community service
• Treatment or counseling
• Restitution
• Court costs
• Other court-ordered conditions

A case may appear closed on a public docket while FDLE records still show incomplete supervision or missing documentation.

Obtain proof of successful completion from the supervising agency or court when applicable.

8. Have You Previously Sealed or Expunged a Record?

Florida generally allows a person one court-ordered sealing or expunction under sections 943.0585 and 943.059 during the person’s lifetime.

A prior order under one of the listed Florida sealing or expunction statutes will ordinarily prevent another standard petition. Relief obtained under certain separate statutes may not count against the standard one-time limit.

Multiple charges arising from one arrest or closely related incident may sometimes be included in one petition. Multiple unrelated arrests generally cannot be combined merely because they involve the same person.

9. Do You Have Another Petition Pending?

An applicant generally cannot have another petition to seal or expunge a criminal record pending at the same time.

The affidavit filed with the court must address prior relief and pending petitions. Providing knowingly false information in the application or sworn filings can create additional criminal exposure.

10. Has a Previously Sealed Record Remained Sealed for 10 Years?

A record that was eligible for sealing after a guilty or no-contest plea with adjudication withheld may later qualify for expunction after it has remained sealed for at least 10 years.

That waiting period generally does not apply when:

• No plea was entered
• The charges were dismissed before trial
• The person was acquitted
• The person was found not guilty

The prior sealing order and date must be verified before pursuing this route.

Quick Eligibility Results

You May Qualify for Expungement If:

• Your charge was never filed or was dismissed
• You were acquitted or found not guilty
• You did not plead guilty or no contest to another charge from the incident
• You have never been adjudicated guilty of a criminal offense in Florida
• You have no disqualifying juvenile adjudication
• The record is not disqualified under section 943.0584
• You completed all court supervision
• You have not previously received standard court-ordered sealing or expunction
• You have no other sealing or expunction petition pending

You May Qualify for Sealing Instead If:

• You pleaded guilty or no contest
• Adjudication was withheld
• The charge is not statutorily disqualified
• You satisfy the remaining criminal-history requirements

You May Not Qualify Under the Standard Statute If:

• You have a prior adult adjudication of guilt in Florida
• A charge from the same incident resulted in an adjudication of guilt
• The record involves a disqualifying offense resolved through a guilty or no-contest plea
• You previously received a standard court-ordered sealing or expunction
• Court supervision remains incomplete

What Documents Are Needed to Determine Eligibility?

Before applying, obtain:

• Certified disposition for every charge
• Arrest or notice-to-appear date
• Arresting agency information
• Charging document
• Diversion or probation completion records
• Prior sealing or expunction orders
• Complete Florida criminal-history information
• Relevant criminal traffic dispositions

Do not rely exclusively on a clerk’s online case summary. Eligibility can turn on the precise plea, adjudication, statutory subsection, and relationship between multiple charges.

Does an FDLE Certificate Guarantee Expungement?

No.

The Certificate of Eligibility allows the applicant to petition the court. It does not expunge the record and does not compel the judge to grant relief.

The court retains discretion after considering the petition, supporting affidavit, certificate, prosecutor’s position, arresting agency response, and applicable law.

Frequently Asked Questions

Can I expunge a charge that was dismissed?

Potentially. A dismissal is a qualifying disposition when the applicant satisfies all remaining statutory conditions.

Can I expunge a case after completing pretrial intervention?

Potentially. If successful completion resulted in dismissal without a disqualifying plea or adjudication, the record may qualify. The exact diversion documents and disposition must be reviewed.

Can I expunge a withheld adjudication?

Usually not immediately. A qualifying withheld-adjudication case may be eligible for sealing and potentially for expunction after being sealed for 10 years.

Does a prior arrest disqualify me?

Not necessarily. A prior arrest that did not result in an adjudication of guilt may not independently prevent eligibility. The disposition and any prior sealing or expunction relief matter.

Does a prior DUI disqualify me?

A DUI adjudication of guilt is a criminal conviction and generally prevents standard court-ordered sealing or expunction of another record.

Can I expunge more than one arrest?

Florida generally permits one standard court-ordered sealing or expunction. Related charges from one incident may sometimes be included, but unrelated arrests usually cannot be combined.

How long does FDLE eligibility review take?

FDLE currently states that review of a completed application typically takes approximately 12 weeks and that applications are not expedited.

Confirm Eligibility Before Applying

Florida expunction eligibility depends on more than whether the charge was dismissed.

The review must account for:

• Every charge from the incident
• The precise disposition
• Prior adult and juvenile history
• Criminal traffic convictions
• Statutorily disqualified offenses
• Completed supervision
• Previous sealing or expunction relief

Roussos Law Group assists clients with Florida record sealing and expungement, FDLE Certificates of Eligibility, denied applications, prosecutor certifications, court petitions, and eligibility reviews.

Reviewing the complete record before applying can prevent a nonrefundable filing, months of delay, or pursuit of expunction when sealing is the legally appropriate remedy.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Eligibility depends on the applicant’s complete history, case disposition, prior relief, and Florida law in effect when the application is submitted.