An arrest can show up on a background check even if the case was dropped. Florida law gives some people a way to limit who can see that record. The two main options are sealing and expunction. The rules are mainly in sections 943.0585 and 943.059 of the Florida Statutes. Here is how the process usually works.
Sealing and expunging are not the same
- Sealing. The record still exists, but it is closed to the public. Only certain agencies and people can see it.
- Expunction. The record is generally destroyed by the courts and agencies that hold it. The Florida Department of Law Enforcement (FDLE) usually keeps a confidential copy.
In most cases, after a record is sealed or expunged, you may lawfully deny or fail to admit the arrest. There are important exceptions. For example, you generally must disclose it when applying for certain government jobs, a professional license, a job working with children or vulnerable adults, or admission to The Florida Bar, and, for sealed records, in some firearm purchases.
Who may qualify
Eligibility depends on how the case ended and on your full record. In general:
- Expunction is usually available when charges were never filed, were dropped or dismissed, or you were found not guilty. If the court withheld adjudication, the record generally must first be sealed for a number of years before it can be expunged.
- Sealing is usually available when the court withheld adjudication, meaning you were not formally convicted, even if you pleaded guilty or no contest.
Some things usually stop a person from qualifying:
- Having ever been adjudicated guilty (convicted) of a criminal offense in Florida, with limited exceptions.
- A finding of guilt, or a guilty or no contest plea, for certain serious offenses listed in the statute, such as many violent crimes and sex offenses, even if adjudication was withheld.
- Still being under court supervision, such as probation, for the case.
- Having already sealed or expunged another record. Florida generally treats this as a once-in-a-lifetime remedy, though there are some narrow exceptions.
Some records are sealed automatically
Under section 943.0595, some records may be sealed without an application, such as certain cases that ended in an acquittal or a dismissal of all charges. Not every case qualifies, and automatic sealing is not the same as expunction. It is worth checking whether your record was actually sealed.
Step 1: Gather your paperwork
You will usually need a certified copy of the final disposition of your case from the clerk of court. You will also need a set of your fingerprints taken by a law enforcement agency or approved provider.
Step 2: Apply to FDLE for a certificate of eligibility
For most petitions, you must first get a certificate of eligibility from FDLE. The application includes the disposition, fingerprints, a sworn statement and a fee. For expunction, you usually also need a written statement from the state attorney's office. FDLE reviews your statewide record before deciding. This step can take several months.
Step 3: File a petition in circuit court
Once you have the certificate, you file a petition with the circuit court in the county where the case was handled. The petition includes a sworn statement that you meet the requirements. The certificate is only good for a limited time, so the petition should be filed promptly. The state attorney may object.
Step 4: The court decides
Even if you meet every requirement, the judge usually has discretion to grant or deny the petition. If the judge grants it, the clerk sends the order to the agencies that hold the record. It can take time for each agency to update its files.
Tips before you start
- Get copies of every arrest and case on your record, including old ones and out-of-state ones. They can affect eligibility.
- Check private background-check websites after your record is sealed or expunged. They may need to be contacted separately.
- Juvenile records follow some different rules. Ask about them separately.
- Answer FDLE and the court completely and truthfully. A false sworn statement can be a crime.
This article is general information about sealing and expunging adult criminal records under Florida law, not legal advice. Eligibility depends on each person's full record, and every case is different. Reading this doesn't create an attorney-client relationship.