Seal & Expunge Criminal Records · Miami-Dade County
Thinking About Expunging a Sexual Battery Arrest in Florida?
A plain-language guide from Patrick Wilson Law, PLLC, a Miami criminal defense firm serving Miami-Dade, Broward and the Florida Keys. Learn how the process works and what to consider before you act.
By Patrick David Wilson · Published October 29, 2026
Florida law may allow you to expunge a sexual battery arrest that ended without a conviction. Whether you qualify depends on how the case ended and on your prior record. This guide explains how to expunge a sexual battery arrest in Florida, from the state certificate to the court order, and what can cause a petition to be denied. It covers Florida law only. Patrick Wilson Law is a Miami criminal defense firm that serves Miami-Dade, Broward and the Florida Keys. Patrick David Wilson is the responsible lawyer for this page.
When a Sexual Battery Arrest Ends Without a Conviction
A sexual battery arrest can end in three ways without a conviction. The charge can be dismissed, the State Attorney can decide not to file a formal charge, or a judge or jury can find the person not guilty. When a prosecutor drops a filed charge, the legal term is nolle prosequi (a formal decision to end the case without a trial).
An arrest record can remain after the case closes. Dropping a charge does not automatically clear the arrest from state files. Florida law lets a person ask a court to clear the record, but only through a set process with specific steps.
The Florida Statutes and the Florida Rules of Criminal Procedure control that process. Sexual battery is defined in Fla. Stat. § 794.011. This page explains the general framework, and it covers Florida law only.
If an old sexual battery arrest ended without a conviction and you're weighing whether to petition, we're glad to talk it through with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Sealing vs. Expunging: What Each One Does
Sealing hides a record from the public, while expunging removes it from court records, though certain agencies keep access. Expunction starts with a state certificate: before petitioning a court to expunge a criminal history record, a person must apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility for expunction.
Expunction is governed by Fla. Stat. § 943.0585. Under the court rules, the clerk removes the entries from the official court records. If removal is not practical, the clerk makes certified copies and then expunges the originals.
Sealing is governed by Fla. Stat. § 943.059. A sealed record is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the following persons. The clerk keeps the sealed records confidential, and specified agencies can still view them.
Florida also has automatic sealing under Fla. Stat. § 943.0595. In that process, the department seals certain records after the clerk sends the disposition. Whether automatic sealing applies depends on the charge and the outcome.
Who Qualifies After a Dismissal, No Information, or Acquittal
A person can petition to expunge when no charging document was filed, or when the charge was dismissed, dropped or ended in acquittal. The automatic sealing statute lists its own conditions, and it does not apply to a record that results from a charging document for a forcible felony or for an offense enumerated in s. 943.0435(1)(h)1.a.(I). Under Fla. Stat. § 943.0595, automatic sealing covers certain records that ended without a conviction, but not a record resulting from a charging document for a forcible felony or for an offense enumerated in s. 943.0435(1)(h)1.a.(I).
The outcome matters a great deal. Under Fla. Stat. § 943.0584, a “conviction” includes a finding of guilt after a plea, even when adjudication is withheld. A conviction for any offense in chapter 794, which covers sexual offenses, makes the record ineligible.
An acquittal is treated differently from a conviction. When a not-guilty judgment is entered, a defendant in custody is discharged immediately unless held on some other charge; if the defendant is at large on bail, the sureties are exonerated and any bail money or bonds are refunded, under Fla. R. Crim. P. 3.690.
Eligibility turns on the exact charges, the outcome and your prior record. A lawyer can review the court file to see which rules apply to your case.
The FDLE Certificate of Eligibility and the Court Petition
You must first apply to FDLE for a certificate of eligibility. Only after you receive that certificate can you file a petition with the clerk of court.
The petition must be in writing and filed with the clerk. It must include the FDLE certificate and a sworn statement. In that sworn statement, you attest that you meet the eligibility rules and that you have no other petition to seal or expunge pending. Under Fla. R. Crim. P. 3.692, you must also serve the prosecuting attorney and the arresting authority.
The prosecutor and arresting agency can respond. The court can receive evidence on any factual issue needed to rule. If the petition is granted, the court signs a written order that names the agencies and records it covers.
The court can order relief under section 943.0585 on a petition, and a copy of the completed petition must be served on the appropriate state attorney or statewide prosecutor and on the arresting agency. The order can cover more than one arrest if those arrests directly relate to the original one, and the order must say so.
Waiting Periods and Timing
Timing depends on how the case ended and on the steps that follow. The key date is the disposition, which is the final outcome of the charge. For expunction, the FDLE certificate requires that the person has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains.
Once a court grants relief, the clerk sends certified copies of the order to the State Attorney and the arresting agency. The arresting agency forwards the order to other agencies that received the record from it.
Before you file, gather the disposition paperwork and check the court docket. Confirm the dates and the case number. Small errors in dates or case details can slow a petition.
Fingerprinting, Background Checks, and What Remains Visible
A sealed or expunged record is not fully erased. Certain licensing and employment bodies can still see it.
Will an expunged record show up on a background check in Florida?
The statute names specific licensing, access and employment entities, as well as criminal justice agencies, to which the department must disclose the existence of an expunged criminal history record for their respective purposes. 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.”
Do expunged records show up on fingerprinting?
Automatic sealing does not require every agency to act, but an expunged record must be physically destroyed or obliterated by any criminal justice agency that has it, except that the department retains its copy. Under Fla. Stat. § 943.0595, automatic sealing does not require sealing by other criminal justice agencies, and the department and those agencies continue to maintain the record. Fingerprint-based checks run by those agencies may still reflect the arrest.
If you hold a professional license or are not a U.S. citizen, raise those concerns at the start of any consultation. The consequences of an old arrest can differ by situation.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Why Some Petitions Are Denied
The court decides whether to grant a petition. Under Fla. R. Crim. P. 3.692, a request can be denied at the court’s sole discretion. The court also cannot order a criminal justice agency to expunge or seal a criminal history record until the petitioner has applied for and received a certificate of eligibility (FDLE certificate).
Common problems include:
- A prior sealing or expunction, which the statute bars with limited exceptions.
- A past conviction for an offense that makes the record ineligible, including chapter 794 offenses.
- A withheld adjudication, which counts as a conviction.
- A missing certificate, a missing sworn statement, or a second petition that is still pending.
- Missing court records or unclear case details.
The offense type can also matter. FDLE’s guidance on reasons for denial notes that certain offenses cannot be sealed or expunged, even when adjudication is withheld.
When the problem is a missing document, it is often fixable. The State Attorney or arresting agency can also object, and the court hears those objections.
What Sealing or Expunging Costs
The main government cost you pay is for certified copies. Under Fla. R. Crim. P. 3.692, the petitioner bears the cost of certified copies unless the petitioner is indigent.
Other government charges can apply, including the FDLE process and court filing. Ask about every fee before you file. Attorney fees are separate from government costs, and they depend on the facts of your case.
The first consultation is free, confidential and carries no obligation to continue.
Talking Through Your Own Arrest With a Florida Criminal Defense Lawyer
Many people reach this question years after the case closed. A background check, a license application or an immigration form brings the old arrest back into view. Deciding whether to petition is a practical choice with legal steps.
If your sexual battery arrest ended in dismissal, no information or acquittal, we can review the disposition, the arrest record and your prior history. Call 786-761-1719 or send us a message to discuss how the seal or expunge process fits your record.
For related information, see our expungement and sealing page, our Miami-Dade criminal defense page, our Broward County criminal defense page, and our Florida Keys criminal defense page.
How We Approach These Cases
Records Review
We start by reviewing the arrest report, charging documents and court dispositions so you understand exactly what is on your record.
Discreet Representation
Our lawyers handle sensitive matters with confidentiality, and we explain each step before we take it.
Local Florida Experience
Patrick Wilson Law, PLLC serves clients from Miami and Hialeah to Fort Lauderdale, Homestead and the Florida Keys.
Clear Communication
Our team keeps you informed about filings, deadlines and next steps, so you are never left guessing.
Don't Assume the Record Is Gone
An arrest that has been expunged is not always invisible. Certain licensing, employment and government entities may still see it, so review your situation carefully before you apply for a job, license or permit.
Questions to Bring to Your Consultation
What Was Charged?
Bring any paperwork you have, including the arrest report and court notices. The exact charge and outcome matter.
How Was the Case Resolved?
Whether the case was dismissed, reduced or went to trial can affect what options are available to you.
Where Do You Need the Record Cleared?
Tell us about jobs, professional licenses, immigration matters or housing that may be affected.
What Are Your Goals?
We will discuss what outcome matters most to you and what the realistic next steps are.
