How to Expunge a Criminal Record in Florida

How to Expunge a Criminal Record in Florida

To expunge a criminal record in Florida, you need a case that ended in a way the law allows, a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), and a written petition filed with the court. Learning how to expunge a criminal record starts with one question: how did the case end? This guide walks through that question and each step after it, so you know what to check before you spend time or money on paperwork.

What Expungement Means and How It Differs from Sealing

Expungement is a court order that makes the agencies holding a record destroy or obliterate it. A criminal history record ordered expunged that FDLE retains is confidential, and it is not available to anyone except upon order of a court of competent jurisdiction.

Sealing works differently. A sealed criminal history record is confidential and is available only to the limited persons the law lists. Certain licensing and employment bodies can still see it.

Many people say “expunged” for any record that no longer shows up. That’s a common mix-up. The two remedies have different rules, so the word you use matters when you talk to a clerk or a lawyer.

The difference also shapes your plan. An eligible record for expunction aims at removal. A record eligible only for sealing stays on file but is hidden from most eyes. Start by pulling the case number and final disposition from the court file. Those two facts tell you which path to check.

Can I Get a Conviction Removed from My Record?

Expungement is built around cases that ended without a conviction. A clear conviction usually falls outside it.

Florida’s expunction statute, Fla. Stat. § 943.0585(1), covers records where no charging document was filed.

Under Fla. Stat. § 943.0585, a person may petition a court to expunge a criminal history record only if the eligibility conditions in the statute are met, and a court may not order expunction until the person has applied for and received a certificate of eligibility. Read it closely before you assume eligibility.

Pleas count too. Under Fla. Stat. § 943.0584, a plea of guilty or nolo contendere counts as a conviction even when adjudication is withheld. Felony rules also limit when a judge can withhold adjudication, under Fla. Stat. § 775.08435.

Confirm the disposition first. It will be dismissed, nolle prosequi, no information filed, adjudication withheld, or adjudicated guilty. That one word decides which path applies.

Can a conviction be expunged in Florida?

Usually not. Expungement is tied to cases that ended without a conviction, so a conviction generally falls outside it.

Who Is Eligible to Expunge or Seal a Record in Florida?

Eligibility depends on the facts of your record, and the statute sets the test. A record can fail more than one condition, so check each one.

You must also swear that you are eligible. Florida Rule of Criminal Procedure 3.692 requires that sworn statement with the petition.

Sealing has its own gate. Under § 943.059, you generally must never have been adjudicated guilty in Florida of a criminal offense.

Some convictions are excluded outright. § 943.0584 lists offenses that make a conviction record ineligible for expunction or sealing. The list includes any offense in chapter 794, which covers sexual battery. It also includes felony battery, domestic battery by strangulation, and aggravated battery. Homicide offenses under §§ 782.07, 782.071 and 782.072 are on the list too. Section 782.07 defines manslaughter as the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification and in cases that are not excusable homicide or murder; it is a felony of the second degree. Assault or battery of a family or household member is listed as well.

Out-of-state records and federal cases can follow different steps. Raise that at the start, before you file anything.

How to File a Petition to Expunge a Record in Florida: Step by Step

Here is how to expunge a criminal record once eligibility is clear. You get the state certificate first, then you file with the court.

1. Get the Certificate of Eligibility from FDLE. The petition must come with a valid certificate. Under Fla. Stat. § 943.0585(2), FDLE issues the certificate, but the court decides whether to grant the petition.

2. Gather the case details. Collect the case number, arrest date, arresting agency and final disposition. Your petition must match the official records.

3. File a written petition with the clerk. Include a sworn statement attesting that you meet the eligibility rules. The court may take evidence on any fact it needs to rule.

4. Serve the prosecutor and the arresting agency. The completed petition, sworn statement and certificate go to the prosecuting attorney and the arresting authority. They may respond.

5. Wait for the written order. The court can deny the request at its sole discretion. If it grants relief, the clerk sends certified copies to the agencies named in the order.

Keep a copy of every filing.

Is Expunging a Record Worth It?

It can be, when a record gets in the way of a job, a license or housing. Whether it’s worth the time depends on your goals.

Expunction and sealing both change who can see the record. An expunged record is destroyed by the agencies that hold it, except FDLE’s confidential copy. A sealed record is hidden from the public but stays on file.

The limits matter too. Under § 943.0585, FDLE must disclose the existence of a criminal history record ordered expunged to certain licensing and employment entities. Fla. Stat. § 943.0585 reads: “It is unlawful for any employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)7., subparagraph (b)8., or subparagraph (b)9. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions.” Those entities’ employees cannot pass that information along, except to the person involved or to decision-makers.

Florida also now seals some records automatically. Under § 943.0595, FDLE must seal certain records with no petition. That covers cases with no charging document, cases dismissed or nolle prosequi as to all counts, not guilty verdicts and acquittals as to all counts, but not certain forcible felonies or enumerated offenses, and not not-guilty verdicts where the defendant was found not guilty by reason of insanity or dismissals under s. 916.145 or s. 985.19.

Expect costs for certified copies. Rule 3.692 makes the petitioner pay unless they are indigent.

Do I Need a Lawyer to Expunge a Record?

You can file on your own. A lawyer can check eligibility and the disposition before you pay for paperwork. The court process is the same either way.

Licensed professionals should raise the question early. A record can affect a license or an application, so the petition and any form questions need careful handling.

Non-citizens need to look at immigration status first.

Patrick Wilson Law, PLLC handles sealing and expungement as one of its criminal defense practice areas from Miami. Patrick David Wilson is the responsible lawyer for this page. The first consultation is free, confidential and comes with no obligation to continue.

Talk Through Your Record with Patrick Wilson Law

You may be looking into this for yourself, or for a family member who never expected to deal with a record. An old arrest can weigh on work, housing and the next step in life.

You don’t need every answer to start. Bring the case number, the arrest date and the final disposition. Those three facts are enough to begin a conversation about eligibility.

Call 786-761-1719 or leave a message, or use the firm’s contact page. To read about the firm’s full practice, see sealing and expungement services.