Clearing a criminal record in Florida
In Florida it is called expunction (expungement) and sealing: expunction means police and court records are physically destroyed. Florida also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Florida?
Expunction (expungement) and sealing — Expunction means police and court records are physically destroyed, but the Florida Department of Law Enforcement (FDLE) keeps a confidential copy that is released only by court order. Sealing keeps the record but makes it confidential; police, judges, and certain employers and licensing agencies can still see it.
Florida has 5 ways to clear a record. Each covers different records and has its own waiting period.
Court-ordered expunction
Arrests where no charges were filed, or charges that were dismissed, dropped (nolle prosequi) or ended in acquittal or a not-guilty verdict. Also a record that has already been sealed for at least 10 years after adjudication was withheld.
| Kind of case | Waiting period | Counted from |
|---|---|---|
No charges filed, dismissed, dropped, or acquitted | No waiting period You can apply once the case is over and you are no longer under court supervision. | End of the case and end of any court supervision |
Adjudication withheld (record first sealed) | 10 years If you pleaded and adjudication was withheld, you must first have the record sealed for at least 10 years before you can ask to expunge it. | Date the record was sealed |
- Not eligible
- You cannot expunge if you have ever been adjudicated guilty of any crime in Florida, or were adjudicated delinquent as a juvenile for any felony or certain misdemeanors (unless that juvenile record was expunged). Withheld-adjudication cases for offenses listed in s. 943.0584 (for example murder, manslaughter, domestic assault or battery, aggravated assault or battery, stalking, kidnapping, sexual offenses, arson, burglary of a dwelling, robbery, carjacking, child abuse, drug trafficking, manufacturing drugs) are not eligible.
- Limits
- Only one sealing or expunction in your lifetime, except that a sealed record may later be expunged after 10 years. Each order normally covers one arrest or incident.
Law: Fla. Stat. §§ 943.0584, 943.0585
Source: Official text
Court-ordered sealing
Cases where you pleaded guilty or no contest (or were found guilty) but the judge withheld adjudication, and other cases not ending in an adjudication of guilt. Adult convictions where adjudication was entered are not eligible.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Adjudication withheld (misdemeanor or felony) | No waiting period There is no waiting period, but you must have finished probation or any other court supervision in the case. | End of court supervision (probation) for that case |
- Not eligible
- Any offense listed in s. 943.0584 (for example sexual misconduct, murder, manslaughter, domestic assault or battery, aggravated assault, felony or aggravated battery, stalking, kidnapping, human trafficking, chapter 794 sexual battery, lewd offenses, arson, burglary of a dwelling, robbery, carjacking, home-invasion robbery, child abuse, elderly abuse, drug trafficking, manufacturing drugs, sex-offender predicate offenses). Also ineligible if you were ever adjudicated guilty of any crime in Florida, or adjudicated delinquent for a felony or certain misdemeanors as a juvenile.
- Limits
- Only one sealing or expunction in your lifetime.
Law: Fla. Stat. §§ 943.0584, 943.059
Source: Official text
Lawful self-defense expunction
Arrests where the State Attorney did not file charges, or charges were dismissed, because you acted in lawful self-defense.
- Limits
- Does not count against the usual eligibility rules for expunction in s.
Law: Fla. Stat. § 943.0578; 943.0585(1)-(2)
Source: Official text
Human trafficking victim expunction
Arrests and convictions for offenses committed (or reported as committed) while you were a victim of human trafficking, with some exceptions.
- Not eligible
- See s.
- Limits
- Several cases can be combined in one petition.
Law: Fla. Stat. § 943.0583; 943.0583 for excluded offenses
Source: Official text
Administrative expunction (arrest contrary to law or by mistake)
Non-court records of an arrest made unlawfully or by mistake (for example wrong person).
Law: Fla. Stat. § 943.0581
Source: Official text
When can I file? Waiting periods in Florida
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Florida
Court-ordered expunction
First apply to FDLE for a Certificate of Eligibility: you need a certified statement from the State Attorney's Office, a certified copy of the court disposition, fingerprints taken by a law enforcement agency, and the fee. The certificate is valid for 12 months. Then file a petition and sworn affidavit with the clerk of the circuit court where the case was, and serve the State Attorney and arresting agency, who may respond. The judge decides; there is no right to expunction.
Source: form FDLE 40-021
- Cost
- $75 FDLE processing fee; clerk filing fee, for example $42 plus $1 per copy page and $2 per certified order in Brevard County (Brevard County Clerk of Court); plus fees for certified dispositions and copies to agencies.
- If you can't pay
- The FDLE executive director may waive the $75 fee on written request.
Law: s. 943.0585(2)(a)4
Court-ordered sealing
Apply to FDLE for a Certificate of Eligibility for sealing (certified disposition, fingerprints, fee; no State Attorney statement needed), then file the petition and sworn affidavit with the clerk in the county of the case and serve the State Attorney and arresting agency. The judge has full discretion.
- Cost
- $75 FDLE processing fee; clerk filing fee, for example $42 in Brevard County (Brevard County Clerk of Court).
- If you can't pay
- The FDLE executive director may waive the $75 fee on written request.
Law: s. 943.059(2)(a)3
Lawful self-defense expunction
Get a certified statement from the State Attorney on FDLE's form, obtain a certificate of eligibility from FDLE, then petition the court.
Human trafficking victim expunction
Petition any court in the circuit where you were arrested, with official documentation of victim status if available.
- Cost
- No filing fee, service charge or copy fee may be charged by the clerk.
Law: s. 943.0583(2)
Administrative expunction (arrest contrary to law or by mistake)
Apply to FDLE with the written endorsement of the head of the arresting agency or the State Attorney, or the agency applies itself.
Court self-help
Free help in Florida
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Florida Department of Law Enforcement (FDLE), Criminal Justice Information Program) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Florida.
Clearing a record in Florida by topic
Court-ordered expunction in Florida
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Florida
How long you wait for each kind of case, and a date helper.
How to file in Florida
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Florida
- Law
- Automatic sealing of criminal history records
- What is cleared
- FDLE automatically seals the record, and the clerk makes the court file confidential, when no charges were filed, all counts were dismissed or dropped, or you were acquitted or found not guilty on all counts. It does not apply if the charge was a forcible felony or certain sex offenses, to not-guilty-by-insanity verdicts, or to dismissals for incompetency. There is no limit on how many times you can get automatic sealing, and it does not use up your one-time sealing or expunction. Other police agencies are not required to seal their own copies.
- Started
- October 1, 2019; since July 1, 2023 the clerk must also keep the related court record confidential
Law: Fla. Stat. § 943.0595; ch. 2019-167; ch. 2023-189
Juvenile records in Florida
FDLE automatically expunges most juvenile records at age 21 (age 26 for serious or habitual juvenile offenders), unless the person is later charged with or convicted of a forcible felony as an adult. Between ages 18 and 21 you can apply to FDLE for early expunction if you have no new charges in the last 5 years and the State Attorney approves ($75 fee). Records of minors who completed diversion can also be expunged.
Law: Fla. Stat. §§ 943.0515, 943.0582
Pardons in Florida
- Who decides
- Board of Executive Clemency (the Governor and Cabinet), with investigations by the Florida Commission on Offender Review
- How
- Apply to the Office of Executive Clemency under the Rules of Executive Clemency. A full pardon does not erase the record.
Law: Fla. Const. art. IV, § 8; Fla. Stat. ch. 940
After your record is cleared in Florida
After sealing or expunction you may lawfully deny or not acknowledge the arrest, and cannot be charged with perjury for doing so. Exceptions: you must disclose it when applying to a criminal justice agency, as a criminal defendant, when applying to The Florida Bar, for jobs or licenses with agencies serving children, the elderly or the disabled (DCF, AHCA, Health, Education, schools, child care), insurance agent licensing, guardianship, and screening through the Care Provider Background Screening Clearinghouse. For sealed records also firearm purchases from dealers and concealed weapon licenses.
Law: Fla. Stat. §§ 943.0585(6), 943.059(6)
Get your own record in Florida
Florida Department of Law Enforcement (FDLE), Criminal Justice Information Program
Florida criminal history is a public record; FDLE charges $24 per name for a state criminal history check.
Law: Fla. Stat. § 943.053(3)(e)
Letter: ask the state records office for a copy of your record
Good to know in Florida
- Florida allows only one court-ordered sealing or expunction in a lifetime, and none at all if you were ever adjudicated guilty of a crime in Florida.
Law: Fla. Stat. §§ 943.0585(1), 943.059(1)
- A 'conviction' for the ineligible-offense list includes cases where adjudication was withheld.
Law: Fla. Stat. § 943.0584(1)
- Since July 1, 2026, people screened through the Care Provider Background Screening Clearinghouse may not deny sealed or expunged records.
Law: ch. 2026-114
Changes in 2024–2026
Ch. 2024-132 and ch. 2025-156 revised the ineligible-offense list. Ch. 2026-114 added Care Provider Background Screening Clearinghouse screening as an exception where sealed or expunged records must be acknowledged and disclosed. Ch. 2026-149 reenacted s.
Law: s. 943.0584; HB 1069; 943.0584 to reflect new felony battery penalties
Questions about clearing a record in Florida
What is clearing a record called in Florida?
Expunction (expungement) and sealing. Expunction means police and court records are physically destroyed, but the Florida Department of Law Enforcement (FDLE) keeps a confidential copy that is released only by court order. Sealing keeps the record but makes it confidential; police, judges, and certain employers and licensing agencies can still see it.
Can convictions be cleared in Florida?
Court-ordered expunction: Arrests where no charges were filed, or charges that were dismissed, dropped (nolle prosequi) or ended in acquittal or a not-guilty verdict. Also a record that has already been sealed for at least 10 years after adjudication was withheld. Court-ordered sealing: Cases where you pleaded guilty or no contest (or were found guilty) but the judge withheld adjudication, and other cases not ending in an adjudication of guilt. Adult convictions where adjudication was entered are not eligible. Lawful self-defense expunction: Arrests where the State Attorney did not file charges, or charges were dismissed, because you acted in lawful self-defense. Human trafficking victim expunction: Arrests and convictions for offenses committed (or reported as committed) while you were a victim of human trafficking, with some exceptions. Administrative expunction (arrest contrary to law or by mistake): Non-court records of an arrest made unlawfully or by mistake (for example wrong person).
How long do I have to wait in Florida?
No charges filed, dismissed, dropped, or acquitted: No waiting period, counted from end of the case and end of any court supervision; Adjudication withheld (record first sealed): 10 years, counted from date the record was sealed; Adjudication withheld (misdemeanor or felony): No waiting period, counted from end of court supervision (probation) for that case.
Does Florida clear records automatically?
FDLE automatically seals the record, and the clerk makes the court file confidential, when no charges were filed, all counts were dismissed or dropped, or you were acquitted or found not guilty on all counts. It does not apply if the charge was a forcible felony or certain sex offenses, to not-guilty-by-insanity verdicts, or to dismissals for incompetency. There is no limit on how many times you can get automatic sealing, and it does not use up your one-time sealing or expunction. Other police agencies are not required to seal their own copies.
How much does it cost to clear a record in Florida?
Court-ordered expunction: $75 FDLE processing fee; clerk filing fee, for example $42 plus $1 per copy page and $2 per certified order in Brevard County (Brevard County Clerk of Court); plus fees for certified dispositions and copies to agencies. Court-ordered sealing: $75 FDLE processing fee; clerk filing fee, for example $42 in Brevard County (Brevard County Clerk of Court). Human trafficking victim expunction: No filing fee, service charge or copy fee may be charged by the clerk.
Can juvenile records be cleared in Florida?
FDLE automatically expunges most juvenile records at age 21 (age 26 for serious or habitual juvenile offenders), unless the person is later charged with or convicted of a forcible felony as an adult. Between ages 18 and 21 you can apply to FDLE for early expunction if you have no new charges in the last 5 years and the State Attorney approves ($75 fee). Records of minors who completed diversion can also be expunged.
What can I say after my record is cleared in Florida?
After sealing or expunction you may lawfully deny or not acknowledge the arrest, and cannot be charged with perjury for doing so. Exceptions: you must disclose it when applying to a criminal justice agency, as a criminal defendant, when applying to The Florida Bar, for jobs or licenses with agencies serving children, the elderly or the disabled (DCF, AHCA, Health, Education, schools, child care), insurance agent licensing, guardianship, and screening through the Care Provider Background Screening Clearinghouse. For sealed records also firearm purchases from dealers and concealed weapon licenses.
How do I get a copy of my criminal record in Florida?
Florida criminal history is a public record; FDLE charges $24 per name for a state criminal history check.
Where can I get free help in Florida?
Florida Law Help (legal aid directory) and The Florida Bar Lawyer Referral Service.