How to file to clear a record in Florida

Where and how you file in Florida, the fee and the official forms.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Court-ordered expunction
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.
Forms
3

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

Checklist: what to gather before you file

Who cannot use these remedies in Florida

  • Court-ordered expunction: 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.
  • Court-ordered sealing: 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.
  • Human trafficking victim expunction: See s.

Law: Fla. Stat. §§ 943.0584, 943.0585; Fla. Stat. §§ 943.0584, 943.059; Fla. Stat. § 943.0583

After your record is cleared

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

In nearby states

  • Georgia: Arrests before July 1, 2013: arresting agency fee up to $50, plus $25 GCIC processing fee by money order or certified check payable to 'Georgia Bureau of Investigation'.
  • South Carolina: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges.
  • Alabama: $500 administrative filing fee per arrest, plus court costs or docket fees.

What to do now in Florida

  1. Collect what you need

    You need your case numbers, court papers and proof you finished your sentence. Checklist: what to gather before you file.

  2. Prepare the petition

    Use the official forms and instructions: FDLE - Seal and Expunge Process and Brevard County Clerk of Court - Seal or Expunge.

  3. File with the clerk

    The clerk takes the petition; the court may set a hearing.

Where to get free help in Florida

Questions about filing in Florida

What is the waiting period 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.

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.

How can I see my Florida record?

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.

Related Florida pages