A Florida arrest record can follow you for life, showing up on background checks, employment screenings, and professional licensing reviews, even if the charges were dropped, dismissed, or never resulted in a conviction. Florida law provides specific ways to seal or destroy those records, but the rules are strict and the process is multi-step. This page explains every type of sealing and expungement available in Florida, who qualifies, and exactly what the process looks like.
Governing law: Chapter 943, Florida Statutes. Core sections: F.S. § 943.059 (sealing), § 943.0585 (expungement), § 943.0581 (administrative expungement), § 943.0515 (juvenile records), § 907.041 (disqualifying offenses).
Florida distinguishes between "sealing" and "expunging" a record. They are different legal outcomes with different levels of privacy protection.
| Feature | Sealing (F.S. 943.059) | Expungement (F.S. 943.0585) |
|---|---|---|
| Statute | § 943.059 | § 943.0585 |
| Physical record | Kept in FDLE system, not destroyed | Physically destroyed at law enforcement agencies; FDLE keeps a sealed copy only accessible by court order |
| Public access | Removed from public view | Removed from public view |
| Law enforcement access | Visible without court order for criminal investigations | Requires a court order to view, even for law enforcement |
| Licensing agencies | Certain sensitive-sector agencies (Department of Health, Department of Education, etc.) can see sealed records | Same narrow list can see, but only with a court order |
| Can you deny it happened? | For most purposes, yes (see denial exceptions in F.S. 943.0585(4)) | For most purposes, yes (same exceptions) |
| Typical use case | Completed case with withheld adjudication or dismissal | Case that was dismissed, no-info'd, nolle prossed, or fully completed and sealed for 10+ years |
Florida has at least seven distinct record-clearance procedures, each for different situations. Choosing the right one is critical:
The most common path when a case ended in withheld adjudication or probation completion (not a conviction). Requires an FDLE Certificate of Eligibility. Record becomes non-public but still exists in FDLE's system. Can later be expunged after 10 years of sealing.
For cases that ended without a conviction and did not result in a sealing (i.e., outright dismissal, nolle prosequi, no information filed, acquittal). Can also be used 10 years after sealing for previously sealed records. Physical destruction of agency records; FDLE retains a sealed copy.
For arrests that were made "contrary to law" or "by mistake" (wrong person, lack of probable cause determined after the fact, etc.). Requires the arresting agency to certify the error in writing. No FDLE Certificate of Eligibility needed. No $75 fee. Bypasses the full court process.
Most juvenile offenses are automatically expunged from the juvenile system at age 21, or age 26 if the juvenile was committed to a serious habitual-offender program. F.S. 943.0515(1)(b)2 allows earlier expungement between ages 18 and 21 under narrow conditions.
For juveniles who completed an authorized pre-arrest or post-arrest diversion program for a first-time misdemeanor. Allows an eligible juvenile to petition FDLE directly for expungement without a court hearing.
For arrests where the charges were dropped because the person was found to have acted in lawful self-defense under Florida's Stand Your Ground law or general self-defense doctrine. Requires certification from the State Attorney that self-defense was the basis for dismissal.
For victims of human trafficking who were arrested for crimes committed while being trafficked (prostitution, drug offenses, loitering, etc.). Allows expungement of the related arrest records with a petition to the court. No waiting period, no once-in-a-lifetime limit for these specific charges.
There is also an automatic sealing provision under F.S. 943.0595 for certain cases where the court formally dismisses charges, which happens without a petition but is limited to specific narrow circumstances.
The standard eligibility rules (for court-ordered seal or expunge under 943.059 or 943.0585) are:
Cannot be sealed or expunged under F.S. 943.059 or 943.0585: sexual battery, lewd or lascivious offenses, sex offenses involving victims under 16, child abuse, aggravated child abuse, aggravated assault, aggravated battery, domestic violence battery, aircraft piracy, carjacking, home invasion robbery, robbery with a weapon, burglary of a dwelling, arson, kidnapping, voluntary manslaughter, murder, attempted murder, trafficking in controlled substances, drug trafficking, DUI manslaughter, manufacture of methamphetamine, stalking, terrorism, and several others. The full list appears in F.S. 907.041 and is cross-referenced in the sealing and expungement statutes.
You will need a certified copy of the disposition for every case you want sealed or expunged (from the Clerk of Courts), a completed FDLE application form, a $75 money order made payable to FDLE, and a set of fingerprints taken by a law enforcement agency on the FDLE-approved fingerprint card.
Mail the application package to FDLE in Tallahassee. Address: FDLE Expungement Section, P.O. Box 1489, Tallahassee, FL 32302. FDLE reviews eligibility and typically issues a decision in 4 to 6 months. If approved, you receive a Certificate of Eligibility.
Take the Certificate of Eligibility (valid for 12 months) and file a petition in the court that handled your case. The petition must include the certificate, a sworn affidavit, and (in most cases) a proposed order. The State Attorney and law enforcement are served with the petition and may object.
Some cases are granted without a hearing. Contested cases, or cases where the State Attorney objects, go to hearing. The court considers whether sealing/expunging is in the interest of justice. The judge has discretion to grant or deny even if all statutory criteria are met, though denial of an eligible case without a stated reason may be appealable.
If granted, the court's order is served on FDLE, the Clerk of Courts, the arresting agency, and any other agencies holding records. Agencies have statutory deadlines (typically 60 days) to comply. You should receive confirmation when FDLE has processed the order.
Even after sealing or expungement, certain entities have continued access:
F.S. 943.0585(4) allows a person with a sealed or expunged record to lawfully deny the arrest or charge in most contexts, including most employment applications. However, denial is not permitted when:
For most private employers and most other contexts, you are legally entitled to answer "no" to arrest, charge, or conviction questions as if the event never happened.
False. Withheld adjudication means you were not formally convicted, but the arrest, charge, and court proceedings are still on your record and visible to the public. You must seal or expunge to remove them from public view.
False. Florida has no automatic expungement of dismissed cases (outside of narrow F.S. 943.0595 situations). The record stays in the FDLE system and continues to appear on background checks until you petition for expungement.
Generally false. Florida allows one petition for sealing OR expungement per lifetime (with exceptions for the special categories listed above). If you have multiple eligible cases, you must choose which one to seal or expunge, or attempt to combine them under the "same transaction" doctrine.
False. The certificate only confirms you meet the statutory eligibility criteria. The court has discretion to grant or deny. A judge can deny even an eligible petition if they find that sealing or expungement is not in the interest of justice, though such denials are subject to appellate review.
Sealing and expungement are technical processes with strict eligibility rules. If you have questions about your case or are unsure which path fits your situation, call our free 24/7 line. We can connect you with qualified attorneys in your Florida county.
Call (786) 600-3533 →This page is informational only and not legal advice. Consult a Florida attorney for advice on your specific case.