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Sealing, expunction, or expungement in Florida

Can I clear my record in Florida?

Florida generally allows one court-ordered sealing or expunction in a lifetime, and you must first get a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Florida law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Both remedies are only for cases that did not end in an adjudication of guilt, such as a withheld adjudication, a dismissal or an acquittal. Anyone ever adjudicated guilty of a crime in Florida is ineligible, and FDLE's FAQ says an adult adjudication of guilt anywhere counts. Many dropped, dismissed and acquitted cases are now sealed automatically at the state level. Because Florida courts must adjudicate DUI, a DUI conviction cannot be sealed or expunged.1,2,3,4

Checked October 21, 2026 against 21 sources, starting with Florida law, then by a second reader.

What it's called
Sealing, expunction, or expungement1,2,3
Automatic clearing
Limited8,11,12
DUI or DWI
Can't be cleared1,4,13
Filing fee
No filing fee1,2,3
Fee waiver
Available1,2,3

Sealing

Court-ordered sealing

The sealed record is confidential and exempt from public records disclosure. You may lawfully deny or fail to acknowledge the arrests covered by the sealed record, and you cannot be prosecuted for perjury for doing so, except in listed situations. These include applying for a job with a criminal justice agency, being a defendant in a criminal case, petitioning again to seal or expunge, applying to The Florida Bar, seeking jobs, licenses or contracts with listed agencies serving children, elderly or disabled people, education and child-care employment or licensing, firearm purchases subject to a background check, certain insurance licenses, guardianship appointments, concealed weapon licensing, and screening through the Care Provider Background Screening Clearinghouse. You, your attorney, criminal justice agencies, judges and listed licensing and employing entities can still see the full record (Fla. Stat. § 943.059(6)).1,2,3

What it's for: Cases where adjudication of guilt was withheld or that otherwise did not end in an adjudication of guilt.

Who can use it

  • You were not adjudicated guilty or delinquent for the charges in the record you want sealed.
  • Before applying, you have never been adjudicated guilty in Florida of any criminal offense, and as a minor were never adjudicated delinquent in Florida for a felony or for one of 13 listed misdemeanors (§ 943.059(1)).
  • You are no longer under court supervision for the case.
  • You have never had a prior court-ordered sealing or expunction under § 943.0585 or § 943.059 (or the former laws they replaced). Automatic sealing under § 943.0595 is not on that list.
  • The record is not ineligible under § 943.0584 (see the exclusions).

What doesn't qualify

  • Anyone adjudicated guilty of any criminal offense in Florida, including DUI (§ 943.059(1); FDLE FAQ).
  • An adult adjudication of guilt in another state may also block you: the statute says 'in this state', but FDLE's FAQ says an adult adjudicated guilty 'in any jurisdiction' is ineligible. Ask FDLE before paying the nonrefundable fee.
  • Records of a conviction for an offense listed in § 943.0584. For that list, a finding of guilt or a guilty or no-contest plea counts as a conviction even if adjudication was withheld.
  • Listed sexual offenses: sexual misconduct with patients or clients (§§ 393.135, 394.4593, 916.1075), any offense under chapter 794, procuring a minor for prostitution, lewd or lascivious offenses against people under 16 or against elderly or disabled people, voyeurism and digital voyeurism, luring or enticing a child, sexual performance by a child, obscenity and computer child-exploitation offenses (§§ 847.0133, 847.0135), selling or buying minors, and any offense that is a predicate for sexual predator or sexual offender registration (§ 943.0584).
  • Listed violent offenses: murder, manslaughter, vehicular and vessel homicide, assault or battery of a family or household member, aggravated assault, felony battery, domestic battery by strangulation, aggravated battery, stalking and aggravated stalking, kidnapping, false imprisonment, human trafficking, child abuse, and abuse of an elderly person or disabled adult (§ 943.0584).
  • Arson, burglary of a dwelling, robbery and robbery by sudden snatching, carjacking, home-invasion robbery, Communications Fraud Act violations, drug trafficking, manufacturing a controlled substance, terrorism, illegal use of explosives, aircraft piracy and offenses under chapter 839 (§ 943.0584).
  • Anyone who has already used their one court-ordered sealing or expunction.

How long you have to wait

RecordWaiting period
Case with adjudication withheldNo waiting period once you are off court supervisionFDLE says reviewing a certificate of eligibility application takes about 12 weeks or more.

How to apply

  1. Apply to FDLE for a certificate of eligibility. Sign the application in front of a notary or deputy clerk.
  2. Include a certified disposition of each charge from the clerk of court in the county where the case was handled, plus proof that probation ended if you had it.
  3. Have your fingerprints taken by a law enforcement or criminal justice agency.
  4. Pay FDLE's $75 nonrefundable processing fee by money order, cashier's check or personal check (or ask for a waiver).
  5. When you receive the certificate, file within 12 months. File a petition to seal, a sworn statement (affidavit) that you are eligible and have no other sealing or expunction petition pending, the certificate and a proposed order with the clerk of court, and give copies to the state attorney's office.
  6. If the judge grants the petition, the clerk sends certified copies of the order to the agencies that hold the record. The court can deny the petition at its sole discretion (§ 943.059(4); FDLE; Broward State Attorney's Office).
Where to file
First FDLE, for the certificate of eligibility. Then the court that handled the case, through the clerk of court in that county.
Cost
FDLE charges a $75 nonrefundable processing fee for the certificate of eligibility (§ 943.059(2)). The clerk of court also charges a filing fee. Brevard County's clerk and the Broward State Attorney's Office both list $42, plus copy and certification charges, so check with your county clerk. Fingerprinting may cost extra.
If you can't pay
You can ask to file without paying. The statute lets FDLE's executive director waive the $75 fee (§ 943.059(2)). This is discretionary, not an income-based waiver: Brevard County's clerk says it may be granted on a written request if the executive director finds it is 'in the best interests of criminal justice.' We did not confirm a statewide way to waive the clerk's filing fee, so ask the clerk about indigent status.
How long it takes
FDLE says eligibility review takes about 12 weeks (its FAQ says over 12 weeks), and it does not expedite. The certificate is valid for 12 months from the date stamped on it.

Official forms

Expungement

Court-ordered expunction

Agencies must physically destroy or obliterate the records, except that FDLE keeps a confidential copy. Entities that could see a sealed record are told only that a record was expunged, unless a court orders otherwise. You may lawfully deny or fail to acknowledge the expunged arrests, with exceptions similar to sealing: criminal justice jobs, being a criminal defendant, further petitions, The Florida Bar, listed jobs and licenses involving children, elderly or disabled people, education and child-care jobs and licenses, certain insurance licenses, guardianship, and Care Provider Background Screening Clearinghouse screening (Fla. Stat. § 943.0585(6); FDLE FAQ).3,4,7

What it's for: Cases with no charges filed, or charges dismissed, dropped (nolle prosequi) or ending in acquittal, and records that have been sealed for at least 10 years.

Who can use it

  • No charging document was ever filed, or the charges were dismissed, nolle prossed or ended in a judgment of acquittal or a not-guilty verdict (§ 943.0585(1)).
  • Or the record has been sealed by court order for at least 10 years. The 10-year rule does not apply if no plea was entered, if all charges were dismissed before trial, or if a judge or jury acquitted you or found you not guilty (§ 943.0585(1)(h)).
  • The state attorney or statewide prosecutor gives a written certified statement that the record meets the criteria.
  • You have never been adjudicated guilty in Florida of any criminal offense (or, as a minor, adjudicated delinquent for a felony or one of 13 listed misdemeanors), you were not adjudicated guilty for the conduct in this record, and you are no longer under court supervision for it.
  • You have never had a prior court-ordered sealing or expunction, except the earlier sealing of this same record.
  • The record is not ineligible under § 943.0584.

What doesn't qualify

  • Anyone adjudicated guilty of any criminal offense in Florida, including DUI. FDLE's FAQ says an adult adjudication of guilt in any jurisdiction also makes you ineligible.
  • Conviction records for offenses listed in § 943.0584. A guilty or no-contest plea counts as a conviction even with adjudication withheld.
  • Anyone who has already used their one court-ordered sealing or expunction, unless the earlier relief was the sealing of this same record.

How long you have to wait

RecordWaiting period
No charges filed, or charges dismissed, dropped or acquittedNo waiting period
Adjudication withheld (or not all charges dismissed before trial)The record must first be sealed for at least 10 years§ 943.0585(1)(h)

How to apply

  1. Apply to FDLE for a certificate of eligibility, as for sealing, but also include the certified statement page completed by the state attorney or statewide prosecutor.
  2. Include certified dispositions, fingerprints and the $75 fee (or a waiver request).
  3. Within 12 months of getting the certificate, file a petition to expunge, a sworn statement, the certificate and a proposed order with the clerk of court, and give copies to the state attorney.
  4. The petition is served on the state attorney and the arresting agency, who may respond. If the order is granted, the clerk certifies it and sends copies to the agencies, and FDLE forwards it to the FBI (§ 943.0585(5)).
Where to file
First FDLE, for the certificate of eligibility. Then the court, through the clerk of court in the county where the case was handled.
Cost
FDLE charges a $75 nonrefundable processing fee (§ 943.0585(2)). Clerk filing fees vary by county; Brevard and Broward list $42 plus copies and certification.
If you can't pay
You can ask to file without paying. FDLE's executive director may waive the $75 fee (§ 943.0585(2)). Brevard County's clerk says this takes a written request and is granted only if the director finds it is 'in the best interests of criminal justice,' so it is not an income-based waiver. A statewide waiver of the clerk's fee was not confirmed.
How long it takes
FDLE review takes about 12 weeks or more, and the certificate is valid for 12 months.

Official forms

Sealing

Automatic sealing (non-conviction records)

FDLE seals its record of the arrest when the clerk sends a qualifying disposition, and the clerk then keeps the court record confidential. Other criminal justice agencies do not have to seal their own copies. Otherwise the sealing has the same effect as a court-ordered sealing under § 943.059 (Fla. Stat. § 943.0595). FDLE notes this process does not seal records at the local level.8,9

What it's for: Arrests where no charges were filed, all charges were dismissed or dropped, or you were found not guilty or acquitted on all counts.

Who can use it

  • No charging document was filed, or all counts were dismissed or nolle prossed (except dismissals under §§ 916.145 or 985.19), or you were found not guilty on all counts (not by reason of insanity), or a judge entered a judgment of acquittal on all counts.
  • There is no limit on how many times a record can be sealed this way (§ 943.0595(2)(b)).

What doesn't qualify

  • Records arising from a forcible felony as defined in § 776.08.
  • Records arising from offenses listed in § 943.0435(1)(h)1.a.(I), the sexual offender registration list.

How long you have to wait

RecordWaiting period
Qualifying non-conviction dispositionNone. Sealing happens when the clerk sends the disposition to FDLE

Happens automatically. You do not file anything. The clerk electronically sends a certified copy of the qualifying disposition to FDLE, FDLE seals its record and notifies the clerk, and the clerk keeps the court record confidential (§ 943.0595; FDLE). Records held by local agencies are not sealed by this process, so a court-ordered sealing or expunction may still help.

How to apply

  1. Nothing to file. To confirm it happened, you can review your own Florida criminal history with FDLE, which FDLE says is free.
Where to file
Handled by the clerk of court and FDLE.
Cost
No application and no fee.
Court hearing
No

Expungement

Expunction for victims of human trafficking

Records are destroyed or obliterated, except that FDLE keeps a confidential copy, and an expunged conviction is treated as vacated because of a substantive defect in the proceedings. You may deny or not acknowledge the expunged arrests, except when applying for a criminal justice job or when you are a defendant in a pending prosecution (Fla. Stat. § 943.0583).10

What it's for: Arrests, charges and convictions for offenses committed, or reported as committed, while you were a victim of human trafficking, as part of the trafficking scheme or at a trafficker's direction.

Who can use it

  • You were a victim of human trafficking, and the offense was committed as part of the trafficking scheme or at the direction of an operator.
  • Any disposition can qualify, including a conviction.
  • Official documentation of victim status creates a presumption, but it is not required. Without it, you must prove eligibility by clear and convincing evidence.

What doesn't qualify

  • Offenses listed in § 775.084(1)(b)1.

How long you have to wait

RecordWaiting period
Offense committed while a trafficking victimNo fixed waiting periodFile with due diligence after you are no longer a victim or have sought victim services, subject to safety concerns.

How to apply

  1. File a petition with your sworn statement of eligibility and any official documentation of victim status. Multiple eligible cases can go in one petition.
  2. The court decides; the statute does not create a right to expunction.
Where to file
Any court in the judicial circuit where you were arrested that has jurisdiction over the class of offense, even if it is not the court where the case was handled (§ 943.0583).
Cost
The clerk may not charge a filing fee, service charge, copy fee or any other charge (§ 943.0583).

Automatic clearing

Florida has no Clean Slate law for convictions. It does seal non-conviction records automatically at the state level: when charges are not filed, are dismissed or dropped, or end in acquittal or a not-guilty verdict, FDLE seals its record on receiving the clerk's disposition, unless the arrest was for a forcible felony or a sexual-registration offense (Fla. Stat. § 943.0595, created by ch. 2019-167 and amended in 2023 and 2025). Bills to allow repeat sealings and sealing of some misdemeanor convictions (HB 745 and SB 810, 2026) died in committee on March 13, 2026.8,11,12

DUI and DWI records in Florida

A DUI conviction cannot be sealed or expunged. Florida law forbids courts to suspend, defer or withhold adjudication of guilt for DUI (Fla. Stat. § 316.656(1)), and both sealing and expunction require that you were not adjudicated guilty. A DUI adjudication also blocks you from sealing or expunging any other Florida record, because both remedies require that you have never been adjudicated guilty of a criminal offense in Florida (§§ 943.059(1), 943.0585(1); FDLE FAQ). A DUI arrest that ended with no charges, a dismissal or an acquittal can be expunged by court order, and if it was not a forcible felony it is generally sealed automatically by FDLE (§ 943.0595). If a DUI charge ended in a plea to a different offense with adjudication withheld, that record may be sealable if the offense is not on the § 943.0584 list and you meet the other rules. DUI can also appear in driving records kept by the Department of Highway Safety and Motor Vehicles (FDLE FAQ).1,4,13

Arrests and dismissed charges

Cases where no charges were filed, all charges were dismissed or dropped, or you were acquitted are usually sealed automatically by FDLE (Fla. Stat. § 943.0595), with no limit on how many times. You can also ask a court to expunge them, which destroys the records and also reaches local agencies. That uses your one court-ordered sealing or expunction (§ 943.0585). An arrest made contrary to law or by mistake can be expunged administratively through FDLE, at the arresting agency's request or on your application endorsed by the agency head or state attorney (§ 943.0581). FDLE also offers lawful self-defense expunction when the state attorney certifies you acted in lawful self-defense and charges were not filed or were dismissed. Administrative, self-defense and human trafficking expunctions do not use up your one court-ordered sealing or expunction (FDLE FAQ).4,8,9,14

What employers can see afterward

After a sealing or expunction you may lawfully deny or fail to acknowledge the arrests on most job applications. The exceptions include jobs with criminal justice agencies, The Florida Bar, listed jobs, licenses and contracts involving children, elderly or disabled people, education and child-care employment and licensing, certain insurance licenses, guardianship, and screening through the Care Provider Background Screening Clearinghouse (Fla. Stat. §§ 943.059(6), 943.0585(6)). The Clearinghouse exception, and FDLE disclosure of sealed records (or the existence of expunged records) to entities screening through it, were added by HB 1069 (ch. 2026-114), effective July 1, 2026 according to the bill analysis. We did not find a Florida law limiting when private employers may ask about criminal records.1,7,15,16

Free help in Florida

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.17,18,19
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.20,21

This page explains Florida's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Florida?" https://secondchanceindex.com/record-clearing/florida, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. Fla. Stat. § 943.059
  2. 2026 Florida Statutes § 943.0584, Records ineligible for court-ordered expunction or sealingFlorida Legislature
  3. Certificate of Eligibility InstructionsFlorida Department of Law Enforcement
  4. Seal and Expunge Frequently Asked QuestionsFlorida Department of Law Enforcement
  5. Seal or ExpungeBrevard County Clerk of the Circuit Court
  6. What to do once you receive your certificate from FDLE (rev. Aug. 2023)Office of the State Attorney, 17th Judicial Circuit (Broward)
  7. Fla. Stat. § 943.0585
  8. Fla. Stat. § 943.0595
  9. Seal and Expunge ProcessFlorida Department of Law Enforcement
  10. Fla. Stat. § 943.0583
  11. CS/HB 745 (2026) Sealing of Criminal History Records: bill historyThe Florida Senate
  12. House staff analysis, HB 745 (2026)Florida House of Representatives (via flsenate.gov)
  13. 2026 Florida Statutes § 316.656, Mandatory adjudicationFlorida Legislature
  14. 2026 Florida Statutes § 943.0581, Administrative expunctionFlorida Legislature
  15. House Judiciary Committee analysis, HB 1069 (2026) Background ScreeningsFlorida House of Representatives (via flsenate.gov)
  16. SB 1168 (2026) bill history (companion passed as CS/CS/HB 1069, ch. 2026-114)The Florida Senate
  17. List of consumer reporting companiesConsumer Financial Protection Bureau
  18. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  19. Employer Background Checks and Your RightsFederal Trade Commission
  20. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  21. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)