Key Takeaways:
- Florida expungement orders destroy eligible records, while Florida sealing makes them confidential but leaves them intact.
- Eligibility turns on how your case ended, not on how serious the charge sounded.
- Dropped, dismissed, and acquitted cases can qualify for expunction, while a withhold of adjudication generally qualifies only for sealing.
- If you were adjudicated guilty, Florida offers no petition to seal or expunge that conviction.
- State law allows one court-ordered sealing or expungement in a lifetime, so choosing which record to clear is a lasting decision.
- Some records are sealed automatically, but automatic sealing does not clear the arrest record held by the arresting agency.
A dismissed case feels like the end of the story. Then a background check comes back months later, and there it is: an arrest from years ago, still visible to a hiring manager, a landlord, or a licensing board.
In Florida, a case that ended in your favor does not clear itself. Someone has to ask, and the rules about who may ask are narrower than most people expect.
According to the Brennan Center for Justice, more than 70 million people in the United States, or more than one in five, carry some form of criminal record. The same research estimates that a conviction costs a person about $100,000 in earnings across a working lifetime.
In this post, you’ll learn:
- How sealing and expunction differ under Florida law
- Which case outcomes open the door to each remedy
- Which offenses Florida excludes from relief entirely
- How automatic sealing works, and what it quietly leaves behind
- What the filing process looks like here in Leon County
Can a Criminal Record Be Expunged in Florida?
Sometimes. Florida gives eligible residents two separate tools, and the one available to you depends almost entirely on how your case was resolved.
1) Florida Expungement vs. Florida Sealing
| Factor | Sealing (s. 943.059) | Expunction (s. 943.0585) |
| What happens to the record | Becomes confidential and exempt from public disclosure | Agencies are ordered to physically destroy it |
| Does the record still exist | Yes, in state systems | Only one confidential copy, held by FDLE |
| Who retains access | A defined set of government and criminal justice agencies | Almost no one, absent a court order |
| Typical qualifying outcome | Adjudication withheld | Charges never filed, dropped, dismissed, or acquitted |
Both remedies run through the same front door. The Florida Department of Law Enforcement must issue a Certificate of Eligibility before any judge can act.
2) Why Your Case Outcome Matters More Than the Charge
Most people assume a minor charge is easy to clear and a serious one is hopeless. Florida works closer to the opposite. What the state cares about is the disposition.
- No charging document filed, or the State dropped the case (a nolle prosequi): the expunction track
- The court dismissed the charges, or you were found not guilty: the expunction track
- You entered a plea, and the court withheld adjudication: the sealing track only
- You were adjudicated guilty: no petition-based relief exists
That last line deserves a second read. A Florida conviction, whether a first-time misdemeanor or a felony, cannot be sealed or expunged by petition. It is the most common misunderstanding we hear in consultations.
What Criminal Records Can Be Expunged in Florida?
FDLE will not issue a Certificate of Eligibility unless you meet every statutory requirement. Broadly, you must show that:
- You have never been adjudicated guilty as an adult of any criminal offense, in any case, not only this one
- You were not adjudicated guilty of any charge arising from the arrest at issue
- You are no longer under court supervision, including probation, connected to that case
- You have never previously obtained a sealing or expunction in any jurisdiction
- You have no other petition to seal or expunge pending anywhere
- The record is not one of the offenses Florida excludes by statute
1) Offenses Florida Excludes Entirely
Section 943.0584, Florida Statutes lists offenses that can never be sealed or expunged when the case produced a conviction, and the statute defines conviction to include a plea of guilty or no contest even where adjudication was withheld. The list is long. Among others, it covers murder, manslaughter, aggravated assault, felony battery, domestic battery by strangulation, battery between family or household members, robbery, carjacking, kidnapping, arson, burglary of a dwelling, child abuse, human trafficking, drug trafficking, and any offense triggering sexual offender registration.
There is a nuance here that trips up almost everyone. The exclusion attaches to convictions. If your case was dismissed outright and never produced a plea or a finding of guilt, a charge on that list is not automatically disqualifying.
Criminal traffic offenses sit in their own category. DUI, reckless driving, and driving while license suspended are criminal offenses in Florida rather than civil infractions, and a Florida court cannot withhold adjudication on a DUI. We break that down in our post on how long a DUI stays on your record.
2) You Generally Get One Chance
Under sections 943.059 and 943.0585, you are entitled to one court-ordered sealing or expungement in your lifetime. One narrow exception applies: a record sealed for at least ten years may then become eligible for expunction.
That makes the decision strategic rather than clerical:
- If you have more than one eligible arrest, clearing one may permanently foreclose the others
- Charges arising from a single arrest can often be handled in one petition
- The record hurting you today is not always the one that will hurt you in ten years
Does Florida Seal Any Records Automatically?
Yes, in limited circumstances, and this provision is frequently misdescribed.
Under section 943.0595, FDLE automatically seals a qualifying criminal history record, and the clerk of court makes the related court record confidential. It applies where no charging document was ever filed, the charges were dropped or dismissed, or the case ended in a not-guilty verdict or a judgment of acquittal. It does not reach forcible felonies or certain other enumerated offenses, and it does not apply where the dismissal followed a diversion program or a finding of not guilty by reason of insanity.
What automatic sealing leaves alone matters just as much:
- It does not require the arresting agency to seal or surrender the arrest record, so that arrest can still surface
- It does not undo copies already sold to background screening companies or posted on mugshot sites
- It happens on FDLE’s administrative schedule, not in real time
There is real good news attached. Automatic sealing carries no lifetime cap and does not consume your one opportunity to petition, and many people still pursue a court-ordered remedy afterward specifically to reach the arrest record.
How to Expunge a Criminal Record in Florida
The process runs in two stages, and the first is slower than most people plan for.
- Get a certified copy of the final disposition from the clerk of court in the county that handled your case
- Complete and notarize the FDLE Application for Certificate of Eligibility
- For expunction, take the application to the State Attorney’s Office to complete its certification section
- Get fingerprinted by an authorized law enforcement agency
- Mail the packet with the nonrefundable $75 processing fee. FDLE reports typical processing of about 12 weeks and does not expedite requests
- Once your certificate arrives, and it stays valid for 12 months, file a petition and sworn affidavit with the clerk of court
- The State Attorney’s Office and the arresting agency each get an opportunity to respond. A judge may sign the order without a hearing, or may set one
In Tallahassee, that means filing in the Second Judicial Circuit through the Leon County Clerk of the Circuit Court, which publishes separate packets for felony sealing, felony expunction, and misdemeanor and criminal traffic matters.
One caution: meeting every requirement makes you eligible, not entitled. The court keeps discretion to deny a petition even when the paperwork is flawless. Guidance from a Tallahassee criminal defense attorney who knows the local bench and prosecutors is worth more than a form packet.
Why the Resolution of Your Case Shapes Everything After It
Here is what we wish more people understood before they ever reach the expungement conversation. Whether you land on the expunction track, the sealing track, or with no options at all is usually decided months earlier, when your case is resolved.
A dismissal, a nolle prosequi, a reduced charge, or a withhold of adjudication are not only short-term wins. Each one sets the ceiling on what you can clear later. If you have a pending case in Leon County right now, that is your leverage point.
What Cowhey + Ward brings to that conversation:
- Decades of combined experience in Leon County and across North Florida
- Working familiarity with the Second Judicial Circuit and the local State Attorney’s Office
- Honest eligibility assessments, including when the answer is no
- Defense strategy built around your record years from now, not just the next hearing
If you have an arrest you want cleared, or an open case that will decide whether you ever can, the useful next step is finding out where you actually stand. Contact Cowhey + Ward to review your record and your options.
FAQs: Florida Expungement and Record Sealing
1) How long does it take to get your criminal record expunged in Florida?
FDLE reports that reviewing a complete Certificate of Eligibility application typically takes about 12 weeks, and it does not expedite packets. With document gathering and the court petition stage added, many cases commonly run six months to a year. Missing paperwork is the most common cause of delay.
2) Can I expunge my record in Florida for free?
Not usually, though the cost can sometimes be reduced. FDLE’s $75 processing fee may be waived by the department’s executive director on written request, and petitioners who cannot afford court costs can ask the clerk of court about an indigence determination. Expect some expense for certified copies, fingerprinting, and notarization.
3) Does Florida expunge criminal records automatically?
No. Florida automatically seals certain records under section 943.0595 when a case ended with no charges filed, a dismissal, a not-guilty verdict, or an acquittal, but it never automatically expunges them. Automatic sealing also leaves the arresting agency’s arrest record untouched, which is why a court-ordered remedy may still be worth pursuing.
4) Do I have to disclose a sealed or expunged record?
In most situations, you may lawfully decline to acknowledge it. Florida law carves out specific exceptions, including employment with a criminal justice agency, admission to The Florida Bar, and certain positions involving children, schools, or vulnerable adults. Read the fine print on any application, because answering incorrectly can create a worse problem than the original record.
5) Can an old arrest still be expunged years later?
Yes. Florida sets no expiration on eligibility, so an arrest from a decade or more ago can still qualify if it meets the statutory requirements. What matters is that case’s disposition and whether you have picked up any adjudication of guilt since.
6) What happens if the State Attorney objects to my petition?
The State Attorney’s Office and the arresting agency each get an opportunity to respond. If either objects, the court will typically set a hearing where both sides are heard before the judge rules. An objection does not end your request, but it does turn a paperwork matter into a contested one.