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An arrest in Florida—even if charges were dropped, dismissed, or resulted in a “withhold of adjudication”—leaves a permanent public record accessible to employers, landlords, licensing boards, and background check services. Florida’s record sealing and expungement laws offer a lawful way out.
Under Florida Statutes § 943.0585 (Court-Ordered Expunction) and § 943.059 (Court-Ordered Sealing), eligible individuals can legally clear or seal their Florida criminal history record and lawfully deny the arrest occurred under most circumstances.
1. What Is the Difference Between Sealing and Expunging?
| Feature | Record Sealing (§ 943.059) | Record Expungement (§ 943.0585) |
|---|---|---|
| Public Access | Hidden from general public, commercial background checks, and employers. | Completely destroyed by physical deletion/redaction from court files. |
| Agency Access | Restricted access maintained by FDLE and select criminal justice agencies. | Agencies obliterate record; only FDLE retains a confidential sealed copy. |
| Case Outcome Required | Pled guilty/no contest with Withhold of Adjudication; or dismissed. | Charges Dismissed, Nolle Prosequi (Dropped), or Acquitted at Trial. |
| Subsequent Expungement | Once sealed for 10 consecutive years, may qualify for full expunction. | Permanent expunction upon court order approval. |
2. Who Is Eligible to Seal or Expunge a Record in Florida?
To qualify for court-ordered sealing or expunction under Florida law, an applicant must satisfy all of the following statutory criteria:
- No Prior Adjudications of Guilt: You have never been formally adjudicated guilty of any felony or criminal misdemeanor in Florida or any other jurisdiction.
- No Prior Sealings/Expungements: You have never previously sealed or expunged a criminal record in Florida (Florida allows only one adult sealing or expunction in a lifetime).
- No Disqualifying Offenses: The charge you seek to clear is not on the statutory list of ineligible offenses under Fla. Stat. § 943.0584, even if adjudication was withheld.
- All Sanctions Completed: You have completed all terms of probation, community control, and paid all court costs, fines, and restitution.
Disqualifying Criminal Offenses in Florida
Florida law strictly prohibits sealing or expunging records for certain offenses, including:
- Sexual battery and lewd/lascivious offenses
- Robbery, Carjacking, and Home-Invasion Robbery
- Burglary of a Dwelling
- Aggravated Assault and Aggravated Battery
- Domestic Violence Battery (if plea entered)
- Manslaughter and Homicide
- Drug Trafficking offenses
3. Step-by-Step Florida Expungement Process
Step 1: Obtain Certified Disposition: Retrieve certified court records from the Clerk of Court in the county of arrest.
Step 2: Submit Package to FDLE: Submit fingerprint card, certified disposition, and $75 processing fee to FDLE.
Step 3: Receive Certificate of Eligibility: FDLE conducts criminal background review and issues Certificate of Eligibility.
Step 4: File Petition in Court: Attorney prepares and files formal Petition to Expunge, Affidavit, and proposed Order.
Step 5: Final Court Order Issued: Judge signs Order to Expunge; records are officially purged across all police and court databases.
4. Legal Benefits of Sealing or Expunging Your Record
- Lawful Denial: Under Florida law, you may lawfully deny or fail to acknowledge the arrest in most employment and housing applications.
- Restored Career & Housing Opportunities: Pass commercial background screenings with confidence.
- Peace of Mind: Remove arrest booking photos and records from public search databases.
5. Get Professional Assistance With Your Florida Expungement
Florida Bar Disclaimer (Rule 4-7): The information provided on this page is for educational purposes only. Consult a licensed Florida criminal defense attorney for case evaluation.
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