Florida Record Sealing & Expungement Guide

This page is a reference, not a sales pitch. Use it to figure out where your case sits in the Florida record-clearing framework before you spend money on an attorney. When you are ready to actually move on a sealing or expungement, the Expungement Attorneys page is the right next step.

Sealing vs expungement: not the same thing

Florida law treats sealing and expungement as two related but distinct remedies, and the difference matters for what shows up on a future background check.

The practical effect: an expungement is a stronger remedy than a sealing, but the eligibility path is narrower. A case that ends with charges dropped, dismissed, or never filed is generally eligible to be expunged directly. A case that ends with a withhold of adjudication generally has to be sealed first, then expunged after a 10-year waiting period under § 943.0585(2)(h).

Sealing or expungement is not the same as restoring civil rights

This is the distinction that trips up most people. Sealing and expungement clean up the criminal record. They do not restore civil rights that were lost as a result of a conviction (such as the right to vote, hold public office, or possess a firearm). That is a separate process called executive clemency, handled through the Florida Commission on Offender Review, and it generally only applies to people who were actually convicted (adjudicated guilty).

The reason this matters: most cases eligible for sealing or expungement are cases where adjudication was withheld or the charges were dropped — situations where civil rights were not lost in the first place. If you were convicted (adjudicated guilty), sealing and expungement are usually not available to you, and the path to relief runs through the clemency process instead. Knowing which track applies to your case is the threshold question.

The basic eligibility rules

Florida sealing and expungement under §§ 943.059 / 943.0585 require all of the following:

• The case did not end in a conviction (adjudication of guilt). A withhold of adjudication, dropped charges, dismissed charges, no-information, or nolle prosequi can qualify. An actual conviction generally cannot.
• You have no prior convictions on your criminal record. Even unrelated past convictions disqualify a current sealing or expungement petition.
• You have not previously had a record sealed or expunged in Florida. Sealing and expungement are one-in-a-lifetime remedies under § 943.0584(2)(a).
• You are not under any form of court supervision (probation, community control, etc.) at the time of the petition.
• The underlying offense is not on the statutory disqualifying-offense list at § 943.0584 — set out below.
• You have a Certificate of Eligibility from FDLE. This is the gating administrative step before a court can grant the sealing or expungement.

If you meet all of these, the process is largely procedural. If you miss any, the petition will be denied.

Crimes that cannot be sealed or expunged

Under Fla. Stat. § 943.0584, a long list of offenses is categorically ineligible for sealing or expungement, no matter how the case ended. This list is updated by the Legislature periodically; the version below reflects the current statute. Grouped by category for readability:

The list above is a working summary, not a substitute for the statute. The exact text of § 943.0584 controls, and the Legislature has expanded the disqualifying list more than once in recent years. Confirm against the current statute before drawing any final conclusion.

Juvenile records are handled separately

Most Florida juvenile criminal records (records of cases handled in the juvenile justice system) are automatically expunged on the juvenile's 24th birthday under Fla. Stat. § 943.0515, unless the juvenile was committed to a higher-restrictiveness program, classified as a serious or habitual offender, or was prosecuted as an adult. Earlier expungement is also available in some cases under § 943.0582 (the early juvenile expungement program for first-time minor offenders who completed a diversion program). Juvenile records are a different statutory framework than adult sealing/expungement, with different eligibility and different procedure.

The lawful "no" answer

One feature people often overlook: under § 943.0585(4), when a record has been sealed or expunged, the person can lawfully answer "no" to questions about that case on most private job and housing applications. Limited exceptions apply (criminal-justice agencies, certain licensing applications, candidates for public office, applicants to The Florida Bar). For most people, the post-expungement "no" answer is the practical payoff of the whole process.