How to Expunge or Seal a Record in Florida (2026)

In Florida you can ask a court to seal or expunge a criminal record if you have never been adjudicated guilty of a crime in Florida, including on the charge you want cleared. An adjudication of guilt is a formal judgment of guilt; a withhold of adjudication is not one. Expunction is for cases that were never filed, or were dropped, dismissed, or ended in acquittal. Sealing covers those cases too, and also cases where the judge withheld adjudication. The process starts with a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then a petition to a judge. Florida law allows one court-ordered sealing or expunction in a lifetime. The exception is expunging the same record after it has been sealed for 10 years. A conviction for some offenses cannot be sealed or expunged under the general statutes, and for this rule a guilty or no contest plea counts as a conviction even when adjudication was withheld.

At a glance:

Expunge: no charges filed, or charges dropped, dismissed, or ended in acquittal. Criminal justice agencies destroy their copies, FDLE keeps a confidential copy, and the Clerk keeps the court file sealed in a nonpublic index.
Seal: the same cases, plus a withhold of adjudication. The record stays on file but is closed to the public.
Not eligible: anyone ever adjudicated guilty of a crime in Florida, and anyone still on supervision for the case. Also barred: a guilty finding or a guilty or no contest plea to offenses such as domestic battery, robbery, burglary of a home, and drug trafficking, even if adjudication was withheld.
Cost: FDLE’s $75 nonrefundable fee, the $42 Miami-Dade filing fee, certified copies ($1 a page plus $2 per certification), and any notary or fingerprinting charges.
Time: FDLE says its review now takes “over 12 weeks,” and the Miami-Dade State Attorney’s Office puts that stage at two to four months, before the court hearing.
Free help in Miami-Dade: the State Attorney’s Office holds Second Chance events. The next one is Wednesday, November 18, 2026.

What Is the Difference Between Sealing and Expunging a Record in Florida?

Sealing hides a record from the public but keeps it on file. Expunging orders criminal justice agencies to destroy it, except for one confidential copy at FDLE, and the Clerk keeps the court file sealed in a nonpublic index (Fla. R. Crim. P. 3.692(d)(2)).

A sealed record is “confidential and exempt” from public records law. The law lets you, your lawyer, criminal justice agencies, judges, and the employers and licensing agencies it lists see it, and no one else (Fla. Stat. § 943.059(6)(a)).

An expunged record goes further. Criminal justice agencies that hold it must physically destroy it, but FDLE keeps a copy, which is confidential and “not available to any person or entity except upon order of a court of competent jurisdiction” (§ 943.0585(6)(a)).

With either one, you “may lawfully deny or fail to acknowledge” the arrest except in the situations listed below, and Florida law does not hold you liable for perjury or a false statement for leaving it out (§§ 943.0585(6)(b)-(c), 943.059(6)(b)-(c)). That protection comes from Florida law and does not cover federal forms.

Who Can Seal or Expunge a Record in Florida?

For both sealing and expunction, Florida law requires that you:

Have never been adjudicated guilty of a criminal offense in Florida, as of the date you apply. Some juvenile adjudications also count unless the juvenile record has already been expunged. A Florida adjudication for a criminal traffic offense, such as DUI or reckless driving, counts.
Were not adjudicated guilty of anything stemming from the arrest you want cleared.
Are no longer under court supervision, such as probation, for that case.
Have never had a prior record sealed or expunged under the court-ordered sealing and expunction statutes, with one exception: a record sealed for 10 years can later be expunged if it otherwise qualifies for expunction. A sealing or expunction in another state “does not, in and of itself, disqualify an applicant,” FDLE says.

Out-of-state and federal convictions. Since October 1, 2019, the statutes bar a person “adjudicated guilty in this state,” and the Legislature’s staff analysis says the 2019 law limited disqualifying prior convictions “to convictions in Florida” (ch. 2019-167, Laws of Fla.). FDLE’s website still says an adult adjudicated guilty of a criminal offense “in any jurisdiction” will be denied, so a person with an out-of-state or federal conviction should expect questions and may need to challenge a denial in circuit court. Have a lawyer review eligibility before you pay the nonrefundable fee.

Expunction also requires that the case was never filed, or that the charges were dropped, dismissed, or ended in an acquittal (§ 943.0585(1)(a)-(b)). If adjudication was withheld, the path is to seal the record first; after it has been sealed for 10 years, it may become eligible for expunction (§ 943.0585(1)(h)). A case with no plea, a dismissal of all charges before trial, a judgment of acquittal, or a not guilty verdict does not need the 10-year sealing first.

Each court order covers one arrest or one incident, unless the judge finds that other arrests directly relate to it (§§ 943.0585(4)(c), 943.059(4)(c)). Because an earlier court-ordered sealing or expunction bars a later one, a person with two unrelated arrests can clear one of them through this process.

What Charges Cannot Be Sealed or Expunged in Florida?

Section 943.0584 bars sealing or expunction under §§ 943.0585 and 943.059 of a “conviction” for a long list of offenses. For this purpose, a conviction includes a guilty or no contest plea “regardless of whether adjudication is withheld.” The list includes:

Domestic assault or battery, aggravated assault, felony battery, and aggravated battery
Stalking, kidnapping, and false imprisonment
Burglary of a dwelling, robbery, and carjacking
Child abuse and elder abuse
Drug trafficking and manufacturing a controlled substance
Murder, manslaughter, vehicular homicide, and arson
Offenses that are predicates for sexual predator or sex offender registration, even if the offense alone would not require registration

A 2026 law widens the felony battery entry. Since July 1, 2026, a prior conviction for resisting an officer with violence, counting a withhold of adjudication, also turns any later battery into a third-degree felony, alongside the existing rule for a prior battery, aggravated battery, or felony battery conviction (ch. 2026-149, Laws of Fla.).

The bar applies to a conviction. A listed charge that was dropped or dismissed without a plea or a finding of guilt is not barred by § 943.0584, and it can be expunged if you meet the other requirements.

How to Seal or Expunge a Record in Florida, Step by Step

Get a certified disposition from the Clerk of Court for each charge on the arrest. It shows how the case ended.
For expunction, get the State Attorney’s statement. The prosecutor must certify that the record meets the expunction criteria. In Miami-Dade, the State Attorney’s Office completes this section free of charge.
Get fingerprinted by a law enforcement agency on an FBI applicant fingerprint card. FDLE’s rule says fingerprints “may not be submitted to FDLE by electronic means.” Some police departments charge a fee.
Sign the FDLE application before a notary or a deputy clerk.
Mail the packet to FDLE with the $75 nonrefundable fee. A money order or cashier’s check is accepted under every FDLE instruction; FDLE does not take cash. FDLE’s FAQ says “The current processing time is over 12 weeks,” and FDLE “does not expedite application packets.” Questions go to SEinfo@fdle.state.fl.us.
Receive FDLE’s answer. FDLE sends a letter saying the case is not eligible and why, a Certificate of Eligibility to seal, or a Certificate of Eligibility to expunge. A certificate is valid for 12 months, and after that you must reapply (§§ 943.0585(2)(b), 943.059(2)(b)).
File the petition with the Clerk of Court with the certificate and a sworn statement that you meet the requirements, are eligible to the best of your knowledge, and have no other sealing or expunction petition pending (Fla. R. Crim. P. 3.692(a)). Knowingly giving false information on the sworn statement is a third-degree felony.
Serve the petition and attend the hearing. The State Attorney and the arresting agency are served and may respond, and the court may hear evidence (Rule 3.692(b)). In Miami-Dade, the Clerk schedules a hearing before the judge, and you attend it.
Get the judge’s order. The Clerk sends it to the agencies, and FDLE forwards the order to the FBI. FDLE says a record “does not receive relief until a certified court order has been received by FDLE.”

A judge does not have to grant the petition. Florida law says a request “may be denied at the sole discretion of the court” (§§ 943.0585(4)(e), 943.059(4)(e); Rule 3.692(c)).

The first consultation is free and confidential. Call (305) 774-7000.

Where Do You File in Miami-Dade, and What Does It Cost?

Where to file. The Miami-Dade State Attorney’s Office says petitions must be filed at the Clerk’s main office in the Richard E. Gerstein Justice Building, 1351 NW 12th Street, “not at the branch courts.”
Filing fee. The Clerk says you pay “the costs of copies and certification in addition to the $42.00 filing fee.” Certified copies cost $1 a page plus $2 per document for certification.
Forms. The Clerk posts the petition, affidavit, notice of hearing, and proposed order forms for sealing and expunction. The Clerk “cannot provide legal counsel or assistance in completing these forms.”
Second Chance events. The State Attorney’s Office helps people with Miami-Dade arrests that did not end in a conviction complete the application “at no cost.” The program covers state criminal cases from Miami-Dade County, not federal cases. The next event is Wednesday, November 18, 2026, 4 p.m. to 7 p.m., at IBEW Local Union 349, 1657 NW 17th Avenue. Bring government-issued ID. FDLE’s $75 fee still applies. Call (305) 547-0724 for details.

Is a Dismissed Case Sealed Automatically in Florida?

Sometimes. FDLE must seal the record when no charges were filed, the charges were dismissed or dropped on all counts, or a judge acquitted you or a judge or jury found you not guilty on all counts. Automatic sealing does not apply if the prosecutor charged a forcible felony or a listed sex offense. It also does not apply if the case was dismissed for incompetency under § 916.145 or § 985.19, or ended in a verdict of not guilty by reason of insanity (§ 943.0595(2)(a)). The Clerk sends the disposition to FDLE, and there is “no limitation on the number of times” a person may receive an automatic sealing.

Automatic sealing has limits. It “does not require sealing by other criminal justice agencies,” so police departments and other agencies keep their records (§ 943.0595(3)(c)). A court-ordered expunction goes further, because it requires those agencies to destroy their copies. Automatic sealing does not use up your one court-ordered sealing or expunction. FDLE says a sealing obtained under other parts of the law “will not count as a ‘prior’ order.” So a person whose dismissed case was sealed automatically can still petition to expunge it if otherwise eligible, and that expunction then counts as the one court-ordered sealing or expunction the law allows.

The Miami-Dade Clerk posts an “Affidavit of Identity In Support of Request for Access to Automatically Sealed Criminal History Record” for people who need to see their automatically sealed record.

Who Can Still See a Sealed or Expunged Record?

You cannot lawfully deny a sealed or expunged arrest when you:

Apply for a job with a criminal justice agency
Are a defendant in a criminal case
Petition to seal or expunge another record
Apply to The Florida Bar
Seek a job, license, or contract with state agencies that serve children, the elderly, or people with disabilities, including the Department of Children and Families, the Department of Health, and the Agency for Health Care Administration
Seek a job or license with schools, the Department of Education, or child care licensing
Apply for an insurance agent license
Seek appointment as a guardian
Are screened through the state’s Care Provider Background Screening Clearinghouse, an exception that took effect July 1, 2026 (ch. 2026-114, Laws of Fla.)

Sealing has two more exceptions that expunction does not: buying a firearm from a licensed dealer and applying for a concealed weapon license (§ 943.059(6)(b)7., 10.). For a sealed record, FDLE discloses the record to the employers and licensing agencies on these lists (§ 943.059(6)(d)). For an expunged record, FDLE tells those entities and criminal justice agencies that the record exists, and the record itself stays unavailable without a court order (§ 943.0585(6)(a), (d)).

Background Check Companies and Mugshot Websites

A court order binds government agencies. Private background check companies are a separate problem, and FDLE says it “does not have regulatory authority over these companies.” Under the federal Fair Credit Reporting Act, a company that reports public record information for employment must do one of two things: tell you when it reports that information, or keep strict procedures so the information is “complete and up to date.” That means reporting “the current public record status of the item at the time of the report” (15 U.S.C. § 1681k(a)). Keep a certified copy of your order to send to any company that reports the old record.

Mugshot websites are covered by Fla. Stat. § 901.43. A site whose business is publishing booking photos, or that charges for removal, may not charge to remove your photo. Send a written request by registered mail to the site’s registered agent with proof of identity and information identifying the photo, and the site must remove it “without charge” within 10 calendar days. If it does not, you can sue for an injunction, and a court can impose a civil penalty of $1,000 a day for disobeying it, or $5,000 a day if the site republished the photo, plus attorney fees. You do not need a sealing or expunction order to use this law.

Does Sealing or Expunging a Record Help With Immigration?

Not for a conviction. Federal law counts a withhold of adjudication as a conviction when there was a guilty or no contest plea and the judge ordered “some form of punishment, penalty, or restraint” (8 U.S.C. § 1101(a)(48)(A)). The Board of Immigration Appeals has held that a state action that expunges a record of guilt through a rehabilitative statute has no effect in immigration proceedings (Matter of Roldan, 22 I&N Dec. 512 (BIA 1999)). The citizenship application, Form N-400, tells applicants to list each crime or offense “even if your records have been sealed, expunged, or otherwise cleared.” If you are not a U.S. citizen, talk to an immigration attorney before any plea and before you apply for a green card or citizenship. See our post on how a criminal charge can affect immigration status.

Juvenile Records and Other Special Cases

Juvenile records, automatic. Juvenile records are expunged automatically at 21, or at 26 for serious or habitual juvenile offenders and those committed to a maximum-risk facility. A forcible felony charge or conviction as an adult before then merges the juvenile record into the adult record (§ 943.0515).
Juvenile records, early expunction. A person between 18 and 21 who was not a serious or habitual offender, is off supervision, and has not been charged with or found to have committed any offense in the past 5 years can apply to expunge offenses committed before 18. The State Attorney in each circuit involved must approve (§ 943.0515).
Juvenile diversion. A person who completed a diversion program as a minor after an arrest for a misdemeanor, or for a felony that was not a forcible felony and did not involve a firearm or weapon, and who has no other charge or finding, can apply under § 943.0582. That relief does not stop a later petition under §§ 943.0585 or 943.059.
Arrest by mistake. FDLE can administratively expunge an arrest “made contrary to law or by mistake” with the endorsement of the arresting agency or the State Attorney (§ 943.0581).
Lawful self-defense. If the State Attorney certifies that charges were not filed or were dismissed because you acted in lawful self-defense, FDLE issues a certificate of eligibility for expunction even if you do not meet the general rules (§ 943.0578).
Human trafficking victims. Victims can petition to expunge records of offenses committed while they were trafficked, as part of the trafficking scheme or at the direction of its operator, regardless of how the case ended, with limited exceptions and no clerk fees (§ 943.0583).

Bills to allow sealing of some misdemeanor convictions were filed in 2025 and 2026, and none passed. An adult adjudication of guilt still bars court-ordered sealing and expunction under §§ 943.0585 and 943.059.

For more, see our posts on what shows up on a background check after an arrest in Florida, HB 1069 and background screening of sealed records, shoplifting charges in Florida, the difference between being arrested and being charged, and our expungement and record sealing practice page, and our criminal defense page.

This post reflects the 2026 Florida Statutes and Florida Rules of Criminal Procedure as of November 2026.

Sources: Fla. Stat. §§ 901.43, 943.0515, 943.0578, 943.0581, 943.0582, 943.0583, 943.0584, 943.0585, 943.059, 943.0595 (2026); Ch. 2026-114, Laws of Fla. (CS/CS/HB 1069); Ch. 2026-149, Laws of Fla. (CS/CS/SB 436); Ch. 2019-167, Laws of Fla. (CS/HB 7125), and House Final Bill Analysis; Fla. R. Crim. P. 3.692; 15 U.S.C. § 1681k; 8 U.S.C. § 1101(a)(48)(A); Fla. Admin. Code R. 11C-7.007; USCIS Form N-400; Matter of Roldan, 22 I&N Dec. 512 (BIA 1999); Florida Department of Law Enforcement, Seal and Expunge Process, FAQ, and Reasons for Denial; Miami-Dade State Attorney’s Office, Seal and Expungement and Second Chance Events; Miami-Dade Clerk of the Court and Comptroller, Criminal Records.

Quick Answers

What is the difference between sealing and expunging a record in Florida?

A sealed record stays on file but is confidential and closed to the public. An expunged record is destroyed by the criminal justice agencies that hold it, except for a confidential copy FDLE keeps that no one can see without a court order, and the Clerk keeps the court file sealed.

Who is eligible to seal or expunge a record in Florida?

You must never have been adjudicated guilty of a crime in Florida, must not have been adjudicated guilty on the arrest you want cleared, must be off supervision for that case, and must not have had a prior record sealed or expunged by court order. Under the statute, an out-of-state or federal conviction does not bar you, though FDLE’s website says otherwise. A conviction for a listed offense, including a plea with a withhold, cannot be sealed or expunged under §§ 943.0585 and 943.059.

Can I expunge a case that was dropped or dismissed?

Yes, if you otherwise qualify. Expunction is available when no charges were filed or the charges were dropped, dismissed, or ended in an acquittal, with no 10-year sealing first. A dismissal or acquittal on all counts is also sealed automatically unless the charge was a forcible felony or a listed sex offense, and automatic sealing does not require police agencies to seal their records.

Can I seal a record if adjudication was withheld?

Yes, if you otherwise qualify and the offense is not on the list in § 943.0584. After the record has been sealed for at least 10 years, you may become eligible to have it expunged.

How much does it cost to seal or expunge a record in Florida?

FDLE charges a $75 nonrefundable processing fee. In Miami-Dade, the Clerk’s filing fee is $42, certified copies cost $1 a page plus $2 per certification, and some police departments and notaries charge for fingerprinting and notarizing.

How long does it take to seal or expunge a record in Florida?

FDLE’s FAQ says its current processing time is over 12 weeks, and FDLE does not expedite. The Miami-Dade State Attorney’s Office estimates two to four months for that stage. After that, the Clerk sets a hearing before a judge, and the record is not relieved until FDLE receives the certified court order.

Do I have to go to court to seal or expunge a record?

For court-ordered sealing or expunction, you file a petition and a judge decides it in the court’s discretion. In Miami-Dade, the State Attorney’s Office says the Clerk schedules a hearing and you appear before the judge. Automatic sealing needs no court filing.

Do I need a lawyer to seal or expunge a record in Florida?

No law requires one. The Miami-Dade State Attorney’s Office helps with the application at no cost at its Second Chance events, and the Clerk posts the court forms but cannot give legal advice. Because FDLE’s $75 fee is nonrefundable, a lawyer can check your eligibility before you apply.

How many times can I seal or expunge a record in Florida?

Florida law allows one court-ordered sealing or expunction in a lifetime. A record sealed for 10 years can later be expunged if it otherwise qualifies. Automatic sealing after a dismissal or acquittal has no limit on the number of times, and it does not use up your one court-ordered sealing or expunction. Each court order covers one arrest, unless the judge finds other arrests directly related.

Will a sealed record show up on a background check?

Not on a public records search, but criminal justice agencies, schools, state agencies serving children and the elderly, The Florida Bar, and others listed in the law can see it. Private background check companies may still have old data, so keep a certified copy of your order.

Does sealing or expunging a record help with immigration?

Not for a conviction. The Board of Immigration Appeals gives no effect in immigration proceedings to a state action that expunges a record of guilt under a rehabilitative statute, the citizenship application requires listing sealed and expunged records, and a withhold with a guilty or no contest plea and a penalty counts as a conviction. Talk to an immigration attorney before any plea.

The first consultation is free and confidential, with no obligation to retain.

Call (305) 774-7000

Last updated: November 14, 2026.