Florida Expungement
Florida Record Sealing & Expungement: Know the Difference
Florida law creates two separate remedies: sealing restricts public access to your record while the physical record is preserved, while expungement goes further by requiring that the record be physically destroyed. Which remedy you qualify for depends on your case disposition, and Florida's eligibility rules are among the most detailed in the country.
Who Qualifies in Florida
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
To qualify for expungement under Florida Statutes § 943.0585, your case must have been either dismissed, nolle prossed by the prosecutor, or otherwise resolved without a conviction, and you must have no prior sealed or expunged record in Florida.
To qualify for sealing under Florida Statutes § 943.059, you must have received a withhold of adjudication (meaning the court found you guilty but withheld formal conviction), completed all sentence terms, and have no prior convictions or sealed/expunged records.
You must not have been adjudicated guilty of — or currently charged with — any disqualifying offense, which includes a broad list of serious crimes enumerated in § 943.0584.
You must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) before filing a petition in the circuit court, and FDLE conducts an independent eligibility review as part of the application process.
You may only have one sealed or expunged record in the state of Florida during your lifetime, with limited exceptions for juvenile records or for upgrading a sealed record to an expungement after 10 years.
Charges that resulted in an adjudication of guilt — even a minor misdemeanor conviction — permanently disqualify you from sealing any other record in Florida.
Important exceptions: Florida maintains one of the longest lists of categorically disqualifying offenses in the country, codified in § 943.0584. These include most violent felonies, sex offenses, domestic violence offenses, offenses against minors, DUI (driving under the influence), burglary, robbery, carjacking, and aircraft piracy, among others. An adjudication of guilt for any offense — including a traffic misdemeanor in some interpretations — can disqualify you from sealing another record.
How It Works
The Florida Process
We begin by requesting your certified disposition documents from the clerk of court and preparing your FDLE Certificate of Eligibility application, which requires fingerprinting and a $75 filing fee payable to FDLE; the agency typically processes applications within 12 weeks.
Once the Certificate of Eligibility is issued, we file your petition for sealing or expungement in the circuit court of the county where the charges originated, serve the state attorney's office, and schedule the hearing at which the judge considers the petition.
After the court enters the order, we coordinate service on all relevant agencies listed in the statute — including local law enforcement, the clerk of court, FDLE, and the Florida Department of Corrections where applicable — and confirm that each agency has sealed or destroyed its records as required.
Typical Timeframe
4–6 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in Florida is Florida Statutes § 943.059 (Sealing) and § 943.0585 (Expungement). This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
More on Florida Expungement
Expungement in Other States
California
Clear your California criminal record under Penal Code § 1203.4. Learn eligibility requirements, timelines (2–4 months) for CA expungement.
Texas
Texas expunction removes arrests from your record; nondisclosure seals eligible convictions. Learn eligibility and timelines for Texas record clearing.
New York
New York offers sealing of up to 2 convictions under CPL § 160.59 after a 10-year clean period. Learn eligibility and timelines (6–18 months).
Georgia
Georgia's "record restriction" under O.C.G.A. § 35-3-37 limits public access to eligible arrest records. Timelines 3–6 months.
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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