How to Expunge Your Record in Florida

How to Expunge Your Record in Florida: Step-by-Step Under Section 943.0585

To expunge a criminal record in Florida under section 943.0585, you must first qualify under the statute, obtain a Certificate of Eligibility from the Florida Department of Law Enforcement, and then petition the court that handled the case. Expunction is generally available when charges were never filed, were dismissed, or ended in an acquittal, provided the applicant satisfies Florida’s other eligibility requirements.

An arrest record does not automatically disappear because the prosecutor dropped the case or a court dismissed the charge.

The arresting agency, clerk of court, prosecutor, and Florida Department of Law Enforcement may continue to maintain records until a judge enters a valid expunction order and the agencies process it.

What Does Expungement Mean in Florida?

Court-ordered expunction removes the qualifying criminal history record from ordinary public access.

Most criminal justice agencies must physically destroy or obliterate the covered record. FDLE retains a confidential copy that generally may be accessed only under limited statutory circumstances or by court order.

Expungement does not necessarily remove:

• Privately collected information
• News articles
• Social media posts
• Records held outside Florida
• Information previously downloaded by background-check companies
• Federal or immigration records not controlled by the Florida order

A person may need to contact private data providers after the government records have been expunged.

Who Is Eligible to Expunge a Record in Florida?

Under section 943.0585, a person may generally qualify when:

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

The applicant must also satisfy Florida’s broader eligibility conditions.

Those conditions generally include:

• No disqualifying adult adjudication of guilt in Florida
• No disqualifying juvenile adjudication
• No adjudication of guilt arising from the incident to be expunged
• Completion of all court supervision connected with the case
• No prior court-ordered sealing or expunction, subject to limited exceptions
• No pending petition to seal or expunge another record
• No disqualifying offense under section 943.0584

Does Withheld Adjudication Qualify for Expungement?

Not automatically.

If a person entered a plea and adjudication was withheld, the record often must first be sealed under section 943.059 and remain sealed for at least 10 years before it may become eligible for expunction.

The 10-year prior-sealing requirement generally does not apply when:

• No plea was entered
• All charges were dismissed before trial
• The person was acquitted
• A judge or jury found the person not guilty

The disposition of every charge arising from the arrest must be reviewed. A dismissed charge may not qualify for immediate expunction when another charge from the same incident resulted in a plea or adjudication.

Which Records Cannot Be Expunged?

Florida section 943.0584 identifies offenses that may be ineligible for court-ordered sealing or expunction when the record constitutes a statutory conviction.

The list includes numerous serious offenses involving matters such as:

• Sexual misconduct and sexual offenses
• Child abuse and exploitation
• Human trafficking
• Terrorism
• Homicide
• Kidnapping
• Robbery
• Arson
• Aggravated battery
• Certain drug trafficking offenses
• Certain offenses involving minors

For purposes of section 943.0584, “conviction” can include a guilty or no-contest plea even when adjudication was withheld. Eligibility therefore cannot be determined solely by looking for the words “adjudication withheld” on the docket.

Florida Expungement Process: Step by Step

Step 1: Obtain the Complete Case Disposition

Request a certified disposition for every charge associated with the arrest from the clerk of court in the county where the case was handled.

The disposition should show:

• Each charge filed
• Whether charges were declined or dismissed
• Whether a plea was entered
• Whether adjudication was withheld
• Whether probation or another sanction was imposed
• The final outcome of the case

If you completed pretrial intervention or another diversion program, obtain the completion certificate or a formal letter confirming successful completion.

Do not rely only on an online docket summary. A certified disposition is required for the FDLE application.

Step 2: Obtain the Prosecutor’s Certified Statement

An application for expunction must include a written certified statement completed by the appropriate state attorney or statewide prosecutor.

The prosecutor confirms whether the case disposition meets the statutory requirements for expunction.

This prosecutor certification is required for expunction applications, including qualifying juvenile applications.

Step 3: Complete the FDLE Application

The application for a Certificate of Eligibility requires information including:

• Full legal name
• Date of birth
• Race and sex
• Mailing and permanent address
• Arresting agency
• Arrest or notice-to-appear date
• Charges associated with the incident

The application must be signed before a notary public or deputy clerk of court.

Incomplete or inconsistent information can delay processing or result in a denial.

Step 4: Obtain a Fingerprint Card

The application must include fingerprints taken by an authorized law enforcement officer or other criminal justice agency.

The fingerprint card must contain:

• Applicant’s name
• Date of birth
• Signature
• Date fingerprinted
• Signature of the person taking the fingerprints
• Agency identification or stamp

FDLE uses the fingerprints to confirm the applicant’s identity and review the statewide criminal history.

Step 5: Submit the Application and $75 Fee to FDLE

The completed FDLE packet generally includes:

• Application
• Prosecutor’s certified statement
• Certified disposition
• Fingerprint card
• Diversion or probation-completion documents, if applicable
• $75 nonrefundable processing fee
• Attorney letter of representation, if represented

FDLE currently accepts the fee by personal check, cashier’s check, or money order payable to FDLE.

FDLE states that processing a completed eligibility application typically takes approximately 12 weeks and that applications are not expedited.

Step 6: Receive the Certificate of Eligibility

If FDLE determines that the statutory requirements are satisfied, it issues a Certificate of Eligibility.

The certificate is valid for 12 months from the date stamped on it. If it expires before the petition is filed, the applicant must reapply, and eligibility will be determined under the law and circumstances existing at the time of the new application.

A Certificate of Eligibility does not expunge the record.

It confirms only that FDLE believes the applicant is statutorily eligible to ask the court for relief.

Step 7: File the Petition With the Court

The petition is filed in the court that handled the criminal case.

The filing package generally includes:

• Petition to expunge
• FDLE Certificate of Eligibility
• Sworn affidavit
• Proposed order
• Required filing fee
• Copies for service on the prosecutor and arresting agency

The sworn statement must confirm that the applicant:

• Satisfies the statutory eligibility requirements
• Is eligible to the best of the applicant’s knowledge
• Has no other sealing or expunction petition pending

Knowingly providing false information in the sworn statement is a third-degree felony.

Step 8: Serve the Required Agencies

A completed copy of the petition must be served on:

• The appropriate state attorney or statewide prosecutor
• The arresting agency

Those agencies may respond and object to the petition.

Local procedures may also require service on other agencies or submission of additional documents.

Step 9: Attend a Hearing if Required

The court may rule on the written filings or schedule a hearing.

At a hearing, the judge may consider:

• Statutory eligibility
• Objections from the prosecutor or arresting agency
• The circumstances of the case
• The applicant’s criminal history
• The applicant’s reasons for requesting expunction
• Whether the documents and proposed order comply with Florida law

Even when FDLE issues a certificate, expunction remains discretionary. Section 943.0585 does not create an absolute right to have a record expunged.

Step 10: Ensure the Order Is Distributed and Processed

If the petition is granted, the clerk sends certified copies of the expunction order to the appropriate agencies.

The arresting agency must forward the order to agencies that received the criminal history information from it. FDLE forwards the order to the FBI.

Keep certified copies of:

• The petition
• FDLE certificate
• Signed order
• Certified disposition
• Arrest report
• Proof of agency processing

Obtaining records after expunction can be difficult because most agencies must destroy or restrict access to them.

How Many Florida Records Can Be Expunged?

Florida generally permits one court-ordered sealing or expunction in a person’s lifetime.

A court may ordinarily expunge records arising from one arrest or one incident of alleged criminal activity. Related arrests may sometimes be included when they directly relate to the original arrest and the order specifically identifies them.

Multiple charges arising from one arrest may be treated differently from multiple unrelated arrests.

Can You Deny an Expunged Arrest?

In most ordinary situations, a person whose record has been expunged may lawfully deny or fail to acknowledge the arrest.

Florida law requires disclosure in specified circumstances, including when the person:

• Applies to work for a criminal justice agency
• Is a defendant in a criminal prosecution
• Applies for admission to The Florida Bar
• Seeks certain jobs, licenses, or contracts involving children, elderly people, or people with disabilities
• Applies to certain educational institutions or school-related employers
• Seeks insurance-agent licensing
• Seeks appointment as a guardian
• Files another sealing or expunction petition

In several of these situations, the applicant generally must disclose the existence of the expunged record, although the record remains confidential and its use is restricted.

Why Would FDLE Deny a Certificate?

Common reasons include:

• A prior adult adjudication of guilt
• A disqualifying juvenile adjudication
• A disqualifying disposition from the arrest
• A prior sealing or expunction
• An ineligible offense
• Incomplete court supervision
• Incorrect or missing documentation
• Multiple cases that do not qualify as one incident
• Conflict between the application and the criminal history

Criminal traffic convictions can also affect eligibility. FDLE specifically identifies offenses such as DUI, reckless driving, and many convictions for driving with a suspended or revoked license as criminal adjudications that may disqualify an applicant.

Frequently Asked Questions

Can I expunge a charge that was dropped?

Potentially. A charge that was never filed, dismissed, or nolle prossed may qualify if the applicant satisfies all other statutory requirements.

Can I expunge a case after pleading guilty or no contest?

Usually not immediately. A qualifying case with adjudication withheld may be eligible for sealing rather than expunction and may need to remain sealed for 10 years before expunction.

Does expungement erase the record from every database?

No. The order controls covered government criminal history records. Private websites, news reports, previously purchased background reports, and records outside Florida may remain.

Do I need an attorney?

Florida does not universally require an attorney to file for expunction. Legal assistance may be valuable when there are multiple charges, prior arrests, withheld adjudication, a disqualifying-offense question, an FDLE denial, or an objection from the prosecutor.

How long does Florida expungement take?

FDLE currently estimates approximately 12 weeks to process a complete Certificate of Eligibility application. Court processing time varies by county, objections, hearing requirements, and document accuracy.

Is the judge required to grant expunction after FDLE approves me?

No. The certificate establishes statutory eligibility to petition. The court retains discretion to grant or deny the request.

Clearing an Eligible Florida Criminal Record

The Florida expunction process has two distinct stages:

1. Obtain FDLE certification that the record is statutorily eligible.
2. Obtain a court order granting expunction.

An error at either stage can delay the case or prevent relief.

Roussos Law Group assists clients with Florida record expungement, record sealing, FDLE eligibility issues, prosecutor certifications, court petitions, and hearings. A criminal defense attorney can review the complete disposition and criminal history before an applicant spends months pursuing relief for which the record may not qualify.

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 complete criminal history, every charge associated with the incident, prior sealing or expunction relief, and the law in effect when the application is filed.