Florida’s statutes call it expunction, but most people say expungement. Either way, the question is the same: can an arrest or a case come off your record? The answer depends on how the case ended, what the charge was, and whether you have ever had a case sealed or expunged before. The consultation is free.
What is the difference between expunction and sealing?
Expunction destroys the record. Government agencies must physically destroy or obliterate their copies, except that the Florida Department of Law Enforcement (FDLE) keeps one confidential copy, available only by court order. Sealing keeps the record but makes it confidential. It stays available to a short list of people and agencies, including criminal justice agencies, state court judges, and certain employers and licensing bodies. Which one you can get depends on how your case ended.
Who can get a record expunged?
You can petition for expunction if no charge was ever filed, or if a charge was filed and the State dropped it, the court dismissed it, or you were found not guilty or acquitted. You also have to meet these conditions:
- You have never been adjudicated guilty of a crime in Florida. A juvenile adjudication counts only if it was for a felony or one of a listed group of misdemeanors, and not if that record was already expunged.
- You are no longer under court supervision on the case.
- You have never had a record sealed or expunged before, with one exception. A record that was sealed for at least 10 years can later be expunged if it is otherwise eligible.
A withhold of adjudication does not qualify for expunction. If your case ended with a withhold, the route is sealing first, and expunction becomes possible only after the record has been sealed for 10 years.
Who can get a record sealed?
You can petition for sealing if you were not adjudicated guilty of the charges in the case. That includes cases that ended in a withhold of adjudication. The same conditions apply: no prior adjudication of guilt in Florida, no court supervision on the case, and no earlier sealing or expunction. Sealing a record now does not close the door on expunging it after the 10 years.
Which charges can never be sealed or expunged?
A conviction for any of a long list of offenses, and for this purpose a guilty or no contest plea counts as a conviction even if adjudication was withheld. The list includes murder and manslaughter, sex offenses and anything that requires sex offender registration, robbery, sudden snatching, carjacking and home-invasion robbery, burglary of a dwelling, arson, kidnapping, aggravated assault, felony battery, aggravated battery and domestic battery by strangulation, assault or battery on a family or household member, stalking, child abuse, abuse of an elderly person or disabled adult, human trafficking, drug trafficking, manufacturing a controlled substance, and violations of the Florida Communications Fraud Act.
The list applies to convictions. If a charge on it was never filed, was dismissed, or ended in acquittal, the list does not block expunction.
How does the process work?
- You apply to FDLE for a certificate of eligibility. For expunction, that includes a certified statement from the state attorney confirming the record qualifies and a certified copy of the disposition. For sealing, it needs the certified disposition. There is a processing fee to FDLE (currently $75, and it can be waived). The certificate is valid for 12 months.
- You file a petition in court with the certificate and a sworn statement that you meet the requirements. Knowingly giving false information on that sworn statement is a third-degree felony.
- The state attorney and the arresting agency receive a copy of the petition and can respond.
- The court decides. A court can order expunction or sealing for one arrest or incident, plus arrests directly related to it if the order says so. Neither remedy is a right, and the court may deny a petition at its sole discretion.
What does an order do, and what does it not do?
After an order is entered, you can lawfully deny or fail to acknowledge the arrest, and you cannot be prosecuted for perjury for doing so. There are exceptions where you still have to disclose it:
- applying for work with a criminal justice agency, or when you are a defendant in a criminal case;
- filing a later petition to seal or expunge;
- applying for admission to The Florida Bar;
- applying for work or a license with certain state agencies in jobs involving children, the disabled, or the elderly, or with schools or child care licensing entities;
- applying for an insurance agent license or appointment as a guardian;
- screening through the Care Provider Background Screening Clearinghouse.
A sealing order has two more: buying a firearm from a licensed dealer, and applying for a concealed weapon or firearm license.
Those agencies can see the record, and the law makes it a crime for their employees to share it beyond the people who decide on your application. An order also affects government records. It does not reach beyond them.
What should I do first?
Do not sign the sworn statement on your own unless you are certain about every case you have had in Florida, including old ones and juvenile cases. Gather the arrest date, the case number, and any paperwork showing how the case ended. Then call me, and we can work out which route fits.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about your record and what is possible. The consultation is free.
What should I bring to the consultation?
Anything you have: the arrest paperwork, the case number, the order or notice showing how the case ended, and a list of any other arrests or cases, including old ones. If you don’t have the papers, call anyway and we will find out what the record shows.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 943.0585, 943.059, 943.0584.
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: all of my practice areas, drug possession and theft.