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Florida Expungement Guide

Learn about expungement eligibility, processes, and requirements in Florida.

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Section 1: Eligibility Criteria by Crime Type

  • Felony Convictions:

    • Generally not eligible for expungement if convicted.
    • Certain third-degree felonies like grand theft or possession of controlled substances may be eligible under specific circumstances.
    • Serious violent felonies and sexual offenses are excluded.

  • Misdemeanor Convictions:

    • Many nonviolent misdemeanors are eligible.
    • Excluded offenses typically include domestic violence or sexual offenses.

  • Traffic-related Offenses:

    • DUI/DWI and reckless driving convictions are not eligible.

  • Drug-related Offenses:

    • Simple possession (first-time) may be eligible.
    • Drug trafficking or distribution offenses are not eligible.

  • Arrests Without Conviction:

    • Eligible if charges were dismissed, dropped, or resulted in acquittal.

  • Juvenile Offenses:

    • Eligible under specific conditions; automatic expungement at age 21 or 26.

  • Domestic Violence Offenses:

    • Not eligible.

  • Sexual Offenses:

    • Not eligible.

Section 2: Timing and Waiting Periods

  • Post-conviction Waiting Period:

    • No additional waiting period after completing sentences and probation for sealing records.
    • A 10-year waiting period after sealing a record is required before applying for expungement.

  • Completion of Sentence, Probation, or Parole:

    • Must fully complete all court-ordered obligations before applying.

Section 3: Limitations and Restrictions

  • Limits on Expungements:

    • Only one expungement or sealing allowed per lifetime.
    • No waiting period applicable between separate expungements since only one is allowed.

  • Impact of Subsequent Convictions:

    • A new conviction disqualifies future expungement.
    • Previously sealed records remain sealed despite subsequent convictions.

  • Current Legal Status:

    • All sentences, probation/parole, fines, and restitution must be fully completed and paid.

  • Disqualifying Factors:

    • Convictions for serious offenses (violent crimes, sex crimes, etc.) permanently disqualify individuals.
    • Pending criminal charges or open warrants disqualify individuals.

Section 5: Application Process

  • Application Location:

    • Apply first for a Certificate of Eligibility with the Florida Department of Law Enforcement (FDLE).
    • Then file a petition in the Circuit Court of the county of arrest.

  • Required Forms:

    • Application for Certificate of Eligibility (FDLE form).
    • Petition to Seal or Expunge.
    • Affidavit confirming no previous expungement or adjudication.

  • Court Appearance:

    • Typically required; judge's discretion.

  • Supporting Documents:

    • Certified disposition copy, fingerprints, and Certificate of Eligibility.

  • Cost and Fees:

    • FDLE processing fee: $75.
    • Court filing fees vary by county (e.g., Brevard County: $42).
    • Fee waivers available upon proving financial hardship.

Section 6: Databases and Records Checks

  • Criminal Records Databases:
    • Statewide criminal history (FDLE database).
    • Local and county criminal databases.
    • FBI/NCIC databases.
    • Fingerprinting and background check required.
    • Third-party data sources (private background-check companies) often checked.

Section 7: Effect of Expungement

  • Practical Impact:

    • Expungement results in physical destruction of records; FDLE retains a confidential copy.
    • Records not available publicly.

  • Background Checks:

    • Generally hidden from private employers.
    • Certain governmental and licensing entities informed about the existence (but not details) of an expunged record.

  • Legal Denial/Omission:

    • Individuals may legally deny or omit expunged offenses on most job/housing applications.

  • Access by Institutions:

    • Law enforcement, government clearances, and certain professional licensing agencies may be informed of expungement existence.

Section 8: Alternative Remedies

  • Sealing of Records:

    • Records sealed from public view but remain accessible to specific entities.

  • Pardons:

    • Restores rights but does not automatically seal or expunge records.

  • Deferred Adjudication:

    • Completion of court requirements can result in dismissal but still requires expungement or sealing.

Section 9: Additional State-specific Notes

  • Automatic Juvenile Expungement:

    • Certain juvenile records automatically expunged at age 21 or 26.

  • Administrative Expungement:

    • For arrests made contrary to law or by mistake.

  • Lawful Self-Defense Expungement:

    • Expungement available for those acting in lawful self-defense.

  • Human Trafficking Victim Expungement:

    • Victims may petition to expunge related criminal records.

  • Out-of-State Convictions:

    • Do not impact eligibility; only Florida convictions considered.

Given the complexities of the expungement process, consulting a legal professional is strongly advised.