Florida Expungement Laws: How To Clear Your Criminal Record

A criminal record does not just disappear after your case is over. It can follow you through job applications, housing searches, professional license renewals, and even volunteer opportunities. If you are exploring whether you can clear your record in Florida, you are not alone in wanting a fresh start.

Florida expungement laws allow certain individuals to seal or remove criminal records from public view, but the process is not automatic and not everyone qualifies. Understanding what expungement actually does, who is eligible, and how the legal process works can help you determine whether this option is available in your situation. The requirements are specific, and missing a step or filing incorrectly can delay or deny your petition.

If you are considering expungement and want to understand how Florida law applies to your record, Robert B. Fisher, P.A. has represented many clients throughout Orange and Seminole Counties on these matters. An experienced criminal defense attorney can review your history and help you determine the best path forward.

Key Takeaways

• Record destruction in Florida differs from sealing – expungement physically eliminates your criminal record from agency databases.
• You must obtain a certificate of eligibility from FDLE before filing any court petition for expungement.
• Prior Florida convictions or previously sealed records under Florida law will disqualify you from eligibility under current requirements. Out-of-state convictions do not disqualify you under Florida law as amended effective October 1, 2019.
• Florida law prohibits expungement of certain serious offenses even if charges were dropped or dismissed.
• The expungement process involves multiple steps and strict documentation requirements you should be aware of.

What Is Expungement in Florida?

Expungement in Florida refers to the court-ordered physical destruction of criminal records from both court and law enforcement agency files. When a record is expunged, the actual documents and electronic files related to your arrest and charges are destroyed rather than simply hidden from public view. This makes expungement the most comprehensive form of criminal record relief available under Florida law.

How Expungement Differs from Sealing

While both expungement and sealing remove records from public access, expungement goes further by destroying the records entirely. Sealed records remain in existence but are confidentially stored and inaccessible to most employers and the public. You should be aware of this distinction when deciding which remedy to pursue for your situation.

Legal Treatment of Expunged Records

Once your record is expunged, you have the legal right to deny that the arrest or charge ever occurred in most situations, including employment applications and housing inquiries. However, certain government agencies and law enforcement entities may still access expunged records under limited circumstances, such as criminal justice employment screenings or subsequent criminal investigations.

Eligibility Requirements for Expungement

Before you can pursue expungement in Florida, you must meet several strict eligibility requirements. Understanding these criteria is important to determine whether your criminal record qualifies for destruction. You should be aware of both the basic qualifications and the potential disqualifiers that could prevent you from clearing your record.

Case Outcome Requirements

You must have charges that were dismissed, resulted in no information filed, or you were acquitted at trial. Convictions cannot be expunged under any circumstances. If your case ended with a withhold of adjudication, you may be eligible to seal the record immediately if otherwise qualified. A withheld adjudication record is not directly expungeable – however, after it has been sealed for at least 10 years it may then become eligible for expungement under Fla. Stat. 943.0585(1)(h).

Prior Criminal History Restrictions

You cannot have been adjudicated guilty of any criminal offense in Florida. You also cannot have been adjudicated delinquent in Florida for a felony or certain specified misdemeanors under s. 943.051(3)(b). Importantly, under the October 1, 2019 amendment to Fla. Stat. 943.0585(1)(d), out-of-state convictions no longer disqualify you from seeking expungement or sealing in Florida.

You also cannot have previously sealed or expunged any criminal record under Florida law. A sealing or expungement obtained in another state does not, by itself, disqualify you in Florida.

Additionally, you cannot currently be under court supervision for any criminal matter, such as probation or pretrial diversion.

Administrative Expungement Exception

Administrative expungement is available for arrests made by mistake or contrary to law without needing a certificate of eligibility from FDLE. This streamlined process under Fla. Stat. 943.0581 applies when law enforcement errors resulted in an unlawful arrest.

Offenses That Cannot Be Expunged

Florida law places strict limitations on which criminal records can be expunged, regardless of how your case ended. Even if charges were dismissed or you were acquitted, certain serious allegations cannot be removed from your record due to their nature. You should be aware of these restrictions before beginning the expungement process, as they apply to the type of offense rather than the case outcome.

Categories of Ineligible Offenses

Several categories of offenses are permanently excluded from expungement consideration in Florida. These include violent crimes, sexual offenses, and certain serious drug trafficking charges.

The Florida Legislature has established a statutory list in s. 943.0584 that identifies all prohibited offenses, including arson, aggravated assault, aggravated battery, child abuse, sexual battery, robbery, carjacking, home invasion robbery, kidnapping, homicide, manslaughter, and stalking, among others. Criminal defense attorneys use this list when evaluating your eligibility.

This restriction applies regardless of whether you were convicted, had charges dropped, or were found not guilty. The nature of the allegation itself determines ineligibility. Consult with an experienced attorney who can review your specific charges and advise whether your record qualifies for expungement under current Florida law.

The Florida Expungement Process

Once you have confirmed your eligibility, the expungement process in Florida requires several sequential steps with specific documentation and processing fees at each stage. You should be aware of the timeline and requirements before beginning, as errors or missing documents can delay your petition significantly.

The process involves both state-level review and court-level adjudication. FDLE currently advises applicants to allow approximately 12 weeks for Certificate of Eligibility processing.

Obtaining Your Certified Disposition

The first step requires obtaining a certified disposition from the clerk of court in the county where your case was handled. This document shows the final outcome of your charges, such as dismissal or acquittal. You cannot proceed without this official record, as it serves as proof that your case qualifies for expungement under Florida law.

FDLE Application and Eligibility Review

You must submit an application to the Florida Department of Law Enforcement along with fingerprints and a 5 nonrefundable processing fee. FDLE reviews your complete criminal history to determine if you meet all eligibility requirements.

If you qualify, FDLE issues a certificate of eligibility that allows you to move forward with your court petition. The certificate is valid for 12 months from the date of issuance, after which you must reapply.

Filing the Court Petition

After receiving the certificate, you must file a petition with the court in the county where the charges originated. The state attorney and arresting agency receive notice and have opportunities to object to your request.

If no objections are filed or the court overrules them, a judge will issue an order directing all agencies to expunge the record from their files. Note that the court retains sole discretion to grant or deny the petition even when all eligibility requirements are met.

Why Choose Robert B. Fisher, P.A.

Robert B. Fisher brings 45 years of legal experience to criminal defense, having previously served as a prosecutor. This background provides valuable insight into how the state builds cases and what strategies may help those seeking expungement relief.

The firm focuses on criminal defense matters, including expungement and record sealing cases. This experience representing clients in record-clearing matters means understanding both the procedural requirements and the obstacles that can arise during the application process.

Frequently Asked Questions

What records cannot be expunged in Florida?

Convictions cannot be expunged, and certain serious charges including violent crimes, sexual offenses, and specific drug trafficking offenses are statutorily prohibited from expungement even if dismissed. Even with a favorable outcome, the nature of the original charge may bar you from clearing your record under Florida law.

How long do you have to wait to expunge a record in Florida?

There is no mandatory waiting period once charges are dismissed or you are acquitted at trial, but you must wait until all court supervision is completed. You can begin the application process immediately after your case concludes and any probation or court requirements end.

Important: If your record was sealed following a withhold of adjudication, you must wait at least 10 years after sealing before you may petition to expunge that record under Fla. Stat. 943.0585(1)(h). Consult an attorney to determine whether your sealed record has reached eligibility.

Will an expunged record show up on a level 2 background check in Florida?

Once expunged, records should not appear on most background checks, though certain government and law enforcement agencies may still access them under limited circumstances authorized by law. Private employers and landlords conducting routine screenings will not see expunged records.

Contact Robert B. Fisher, P.A.

If you are seeking to clear your criminal record through expungement, it is important to act promptly to protect your future opportunities. An expungement attorney can help you navigate the complex application process and ensure all documentation is properly completed. Robert B. Fisher, P.A. has represented many clients throughout Orange and Seminole Counties in securing expungements and safeguarding their future.

Contact our office today for a free consultation to discuss your eligibility and begin the expungement process. Schedule a Consultation to ensure your rights and interests are protected.