Sealing and Expunging a Florida Record
Some offenses can never be sealed or expunged. See the list.
Expunging destroys agency copies; sealing keeps the record confidential. Either needs an FDLE certificate of eligibility.
| Expunge | Seal | |
|---|---|---|
| The record | Agencies destroy their copies. FDLE keeps a confidential copy. | Kept, but confidential. Generally available only to the people and agencies the statute lists, such as the person, their lawyer and criminal justice agencies. |
| Denying the arrest | Generally lawful, with exceptions in the statute, such as applying to a criminal justice agency. | Generally lawful, with the same kinds of exceptions. |
| Who generally qualifies | Never adjudicated guilty in Florida of a criminal offense, and the charges from this arrest were never filed, were dropped or dismissed, or ended in acquittal. | Never adjudicated guilty in Florida of a criminal offense. A withhold of adjudication can qualify. |
| Earlier sealing or expunging | Generally not available after an earlier sealing or expunging, except that a record sealed for 10 years may then be expunged. Check first. | Generally not available after an earlier sealing or expunging. Check first. |
| FDLE fee | $75 unless waived, plus court and clerk costs. | $75 unless waived, plus court and clerk costs. |
This is general information, not advice for your case. Check eligibility with FDLE or Daniel first.
The process
Both require a certificate of eligibility from the Florida Department of Law Enforcement, which decides eligibility (FDLE seal and expunge process). The application includes fingerprints, certified court documents and the fee.
To expunge, the application first goes to the State Attorney that prosecuted, or declined to prosecute, the case. Sealing does not need that step.
Once the court grants the petition, a payment to the clerk sends the order to the arresting agency, the sheriff's office in charge of the jail, and the parties.
Juvenile offenders
A minor who completes a diversion program can apply to have the arrest record expunged. That expunction does not prevent the person from later petitioning to seal or expunge another record, as a juvenile or an adult, if otherwise eligible (Fla. Stat. 943.0582(4)).
Disqualifying charges for expunction or sealing
A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if adjudication of guilt was withheld, on any violation of the following:
Show all 18 disqualifying offense groups
- Offenses listed in s. 907.041, F.S.: arson; aggravated assault; aggravated battery; illegal use of explosives; child abuse or aggravated child abuse; abuse or aggravated abuse of an elderly person or disabled adult; aircraft piracy; kidnapping; homicide; manslaughter; sexual battery; robbery; carjacking; lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years; sexual activity with a child 12 years of age or older but less than 18 years of age, by or at the solicitation of a person in familial or custodial authority; burglary of a dwelling; stalking and aggravated stalking; an act of domestic violence as defined in s. 741.28, F.S.; home-invasion robbery; an act of terrorism as defined in s. 775.30, F.S.; manufacturing any substances in violation of chapter 893; and attempting or conspiring to commit any of these crimes
- s. 393.135, F.S.: sexual misconduct with a developmentally disabled person and related offenses
- s. 394.4593, F.S.: sexual misconduct with a mental health patient and related offenses
- s. 787.025, F.S.: luring or enticing a child
- Chapter 794, F.S.: sexual battery and related offenses
- s. 796.03, F.S.: procuring a person under 18 for prostitution
- s. 800.04, F.S.: lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- s. 810.14, F.S.: voyeurism
- s. 817.034, F.S.: Florida Communications Fraud Act (scheme to defraud or organized fraud)
- s. 825.1025, F.S.: lewd or lascivious offense upon or in the presence of an elderly or disabled person
- s. 827.071, F.S.: sexual performance by a child
- Chapter 839, F.S.: offenses by public officers and employees
- s. 847.0133, F.S.: showing, selling, etc., obscene literature to a minor
- s. 847.0135, F.S.: computer pornography
- s. 847.0145, F.S.: selling or buying of minors
- s. 893.135, F.S.: trafficking in controlled substances
- s. 916.1075, F.S.: sexual misconduct with a mentally deficient or mentally ill defendant and related offenses
- Any offense that qualifies for registration as a sexual predator under s. 775.21, F.S., or as a sexual offender under s. 943.0435, F.S.
All references are to the Florida Statutes.
What to do right now
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