Expunging a Criminal Record in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated August 19, 2026
Florida is one of the most restrictive states for clearing a criminal record, and its relief is famously one-time. Under Fla. Stat. 943.0585 (expunction) and Fla. Stat. 943.059 (sealing), a person may generally have only one criminal history record sealed or expunged in a lifetime, and must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) before petitioning a court. Sealing and most expunctions require that adjudication was withheld, so a charge you were adjudicated guilty of (convicted) usually cannot be cleared. A long list of offenses under Fla. Stat. 907.041 and related statutes is excluded even when adjudication was withheld. Separately, Fla. Stat. 943.0595 provides automatic sealing of certain non-convictions without any petition.
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What are you trying to clear?
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What record-clearing relief does Florida offer, and what is it called?
Florida offers court-ordered expunction under Fla. Stat. 943.0585, which destroys the record, and court-ordered sealing under Fla. Stat. 943.059, which hides it from public view. Both require a Certificate of Eligibility from FDLE first. Florida also has automatic sealing of certain non-convictions under Fla. Stat. 943.0595.
Who is eligible to seal or expunge a record in Florida, and is there a waiting period?
You generally qualify only if adjudication was withheld, meaning you were not convicted, and the offense is not on Florida's excluded list. There is no fixed waiting period, but sealing requires the case be fully resolved; expunction generally requires a prior sealed record for 10 years or a dismissal or acquittal.
Can you expunge or seal a felony in Florida?
Sometimes. A felony can be sealed or expunged in Florida only if adjudication was withheld and the offense is not excluded under Fla. Stat. 907.041 and related lists. Forcible felonies, sexual offenses, and many others cannot be cleared even with withheld adjudication or a not-guilty verdict.
Does Florida have automatic clean-slate sealing?
Yes, in a limited form. Under Fla. Stat. 943.0595, the clerk of court electronically transmits qualifying dispositions to FDLE, which automatically seals the FDLE record when a case ends in no charges, dismissal, a not-guilty verdict, or acquittal on all counts, for offenses that are not forcible felonies. No petition or fee is required.
How many times can you seal or expunge a record in Florida in your lifetime?
Generally only once. Under Fla. Stat. 943.0585 and 943.059, a person may have only one criminal history record sealed or expunged by court order in a lifetime, and a prior sealing or expunction disqualifies a new Certificate of Eligibility. Automatic sealing under Fla. Stat. 943.0595 is separate and has no lifetime limit.
Florida's One-Time Rule, the FDLE Certificate of Eligibility, and Withheld-Adjudication Requirement
Florida is a restrictive, one-time state for record clearing. Court-ordered expunction under Fla. Stat. 943.0585 physically destroys the record, while court-ordered sealing under Fla. Stat. 943.059 removes it from public view, and a person may generally obtain only one seal or expunge in a lifetime. Before petitioning a court, you must apply to the Florida Department of Law Enforcement (FDLE), the state repository, for a Certificate of Eligibility; FDLE denies the application if you were ever adjudicated guilty (convicted) as an adult of any offense, or have a prior sealing or expunction. Most relief requires that adjudication was withheld rather than a conviction. A long list of offenses under Fla. Stat. 907.041 forcible felonies, sexual offenses, domestic violence, and others cannot be sealed or expunged even when adjudication was withheld. Separately, Fla. Stat. 943.0595 provides automatic sealing of the FDLE record, without any petition or fee, when a case ends in no charges, dismissal, a not-guilty verdict, or acquittal on all counts for a non-forcible-felony offense; automatic sealing has no lifetime limit but does not reach records held by local police or sheriffs. After FDLE issues the Certificate, you file the petition in the circuit or county court where the charges arose.
Relevant Laws
Court-Ordered Expunction (Fla. Stat. 943.0585)
Authorizes a court to order the expunction (destruction) of a criminal history record. Requires a Certificate of Eligibility from FDLE first, limits a person to one seal or expunge in a lifetime, and excludes records with an adult adjudication of guilt and a long list of offenses.
Court-Ordered Sealing (Fla. Stat. 943.059)
Authorizes a court to order the sealing (removal from public view) of a criminal history record when adjudication was withheld. Like expunction, it requires an FDLE Certificate of Eligibility, is limited to one in a lifetime, and does not cover offenses excluded under Fla. Stat. 907.041.
Automatic Sealing of Non-Convictions (Fla. Stat. 943.0595)
Provides automatic sealing of the FDLE criminal history record, with no petition, fee, or lifetime limit, when a case ends in no charges, dismissal, a not-guilty verdict, or acquittal on all counts for a non-forcible-felony offense. The clerk of court transmits the disposition to FDLE.
No General Federal Expungement of State Records
There is no general federal law that expunges Florida state convictions; record clearing is governed by Florida statutes and the FDLE process. Excluded offenses that bar sealing or expunction even with withheld adjudication are listed in Fla. Stat. 907.041 and related provisions.
Regional Variances
Florida Eligibility Table
Relief type and name
Florida offers court-ordered expunction under Fla. Stat. 943.0585, which destroys the record, and court-ordered sealing under Fla. Stat. 943.059, which hides it from public view but retains a confidential copy. Automatic sealing under Fla. Stat. 943.0595 seals qualifying non-convictions in the FDLE record without any petition.
One-time lifetime rule
Under Fla. Stat. 943.0585 and 943.059, a person may generally have only one criminal history record sealed or expunged by court order in a lifetime. A prior sealing or expunction disqualifies a new FDLE Certificate of Eligibility. Automatic sealing under Fla. Stat. 943.0595 is separate and carries no lifetime limit.
Withheld-adjudication requirement and eligible offenses
Sealing under Fla. Stat. 943.059 requires that adjudication was withheld rather than a conviction. Expunction under Fla. Stat. 943.0585 also generally requires no adult conviction, and typically a prior 10-year sealing or a dismissal or acquittal. FDLE denies eligibility if the applicant was ever adjudicated guilty as an adult of any offense.
Excluded offenses
Even with withheld adjudication, offenses listed in Fla. Stat. 907.041 forcible felonies, sexual offenses, child abuse, domestic violence, and many others cannot be sealed or expunged. Automatic sealing under Fla. Stat. 943.0595 likewise excludes forcible felonies as defined in Fla. Stat. 776.08 and certain enumerated offenses.
Clean-slate and automatic sealing status
Florida's automatic sealing under Fla. Stat. 943.0595, in effect since 2019 and amended in 2023, seals eligible non-convictions in the FDLE record with no application, fee, or court petition. It does not reach records held by local police or sheriffs, so a separate court sealing or expunction may still be needed for full relief.
Suggested Compliance Checklist
Confirm the one-time rule and withheld-adjudication eligibility
Before applying to FDLE days after startingVerify you have never had a record sealed or expunged before, since Florida allows only one in a lifetime under Fla. Stat. 943.0585 and 943.059. Confirm adjudication was withheld rather than a conviction, and that no offense on your record is excluded under Fla. Stat. 907.041. A single adult conviction can bar the entire application.
Obtain your Florida criminal history and certified disposition
Before completing the FDLE application days after startingGet your Florida criminal history from FDLE and obtain a certified copy of the disposition of the charge you want cleared. Confirm the disposition shows withheld adjudication and identify the county and court where the charge was filed, since you will later petition that circuit or county court.
Apply to FDLE for the Certificate of Eligibility
Before filing any court petition days after startingSubmit the Application for Certification of Eligibility to FDLE with fingerprints, the certified disposition, the prosecutor's statement, and the processing fee. FDLE must issue the Certificate before any court can act, so allow roughly 12 weeks or more for review and confirm the Certificate remains valid when you file.
Prepare and file the petition and sworn statement
After receiving the Certificate of Eligibility days after startingDraft the petition to seal or expunge and the required sworn statement, and file them with the Certificate of Eligibility in the circuit or county court where the charge was filed. Pay the court's filing fee or request a waiver, and serve the state attorney and arresting agency as required.
Attend any hearing and confirm the record was updated
After filing, through order entry days after startingRespond to any objection from the state attorney or a victim and attend a hearing if the court sets one, since relief remains discretionary. After the judge signs the order, confirm with FDLE, the clerk, and the arresting agency that the record was sealed or destroyed. An attorney can help if the state objects.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the one-time rule and withheld-adjudication eligibility | Verify you have never had a record sealed or expunged before, since Florida allows only one in a lifetime under Fla. Stat. 943.0585 and 943.059. Confirm adjudication was withheld rather than a conviction, and that no offense on your record is excluded under Fla. Stat. 907.041. A single adult conviction can bar the entire application. | - | Before applying to FDLE |
| Obtain your Florida criminal history and certified disposition | Get your Florida criminal history from FDLE and obtain a certified copy of the disposition of the charge you want cleared. Confirm the disposition shows withheld adjudication and identify the county and court where the charge was filed, since you will later petition that circuit or county court. | - | Before completing the FDLE application |
| Apply to FDLE for the Certificate of Eligibility | Submit the Application for Certification of Eligibility to FDLE with fingerprints, the certified disposition, the prosecutor's statement, and the processing fee. FDLE must issue the Certificate before any court can act, so allow roughly 12 weeks or more for review and confirm the Certificate remains valid when you file. | - | Before filing any court petition |
| Prepare and file the petition and sworn statement | Draft the petition to seal or expunge and the required sworn statement, and file them with the Certificate of Eligibility in the circuit or county court where the charge was filed. Pay the court's filing fee or request a waiver, and serve the state attorney and arresting agency as required. | - | After receiving the Certificate of Eligibility |
| Attend any hearing and confirm the record was updated | Respond to any objection from the state attorney or a victim and attend a hearing if the court sets one, since relief remains discretionary. After the judge signs the order, confirm with FDLE, the clerk, and the arresting agency that the record was sealed or destroyed. An attorney can help if the state objects. | - | After filing, through order entry |
Frequently Asked Questions
FDLE charges a processing fee for the Certificate of Eligibility application, currently 75 dollars, paid by money order or cashier's check. On top of that, the court charges a separate filing fee to submit the petition, which varies by county and can often be waived for indigence. Fingerprinting and certified copies add smaller costs.
Plan for several months. FDLE typically takes around 12 weeks or more to review a complete Certificate of Eligibility application, and the Certificate is generally valid for a limited time after issuance. Once you file the petition in the circuit or county court, the court's own timeline and any hearing add more weeks before the judge signs an order.
Yes, in some cases. Even after sealing under Fla. Stat. 943.059, the record is not destroyed and remains accessible to certain agencies, including criminal justice agencies and some licensing and employment bodies, such as those involving schools, law enforcement, or vulnerable populations. Expunction under Fla. Stat. 943.0585 destroys the public record but a confidential copy is retained by FDLE.
Usually yes, with exceptions. Under Fla. Stat. 943.0585 and 943.059, a person whose record is sealed or expunged may lawfully deny or fail to acknowledge the arrest, except when applying to specified employers such as criminal justice agencies, positions with children or vulnerable adults, and certain licensed roles. An attorney can help confirm whether an exception applies to your situation.
Generally no. Florida law does not allow a DUI conviction to be sealed or expunged, and DUI cases usually result in a conviction rather than withheld adjudication because Florida prohibits withholding adjudication for DUI. If a DUI charge was dismissed or you were acquitted, that non-conviction may instead qualify for sealing under the eligibility rules.
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