Florida (FL) — Expungement & Record Clearing

Remedy

Automatic sealing (Fla. Stat. § 943.0595); court-ordered expunction (§ 943.0585) or sealing (§ 943.059); administrative expunction for arrests made contrary to law or by mistake (§ 943.0581); lawful self-defense expunction (§ 943.0578)

Waiting period

No single period — see the conditions below

If no charge was filed, all counts were dismissed or nolle prossed, or the person was acquitted or found not guilty on all counts, FDLE automatically seals its own record once the clerk sends the disposition. This does not apply when the charge was a forcible felony or one of certain listed sex offenses. There is no limit on how many times this can happen, but local agency records are not sealed. Separately, the person may petition the court to expunge the record after getting an FDLE Certificate of Eligibility. That route requires a certified statement from the state attorney and is generally limited to people never adjudicated guilty of a criminal offense in Florida who have never had a prior court-ordered sealing or expunction. The 10-year prior-sealing requirement does not apply to these outcomes.

• ✗Automatic sealing does not apply if the charging document was for a forcible felony or for certain sex offenses listed in § 943.0435(1)(h)1.a.(I)
• ✗Automatic sealing does not apply to a not-guilty-by-reason-of-insanity verdict or to dismissals under § 916.145 or § 985.19
• ✗Automatic sealing covers FDLE's record and the related court record, not local agency records
• ✗Court-ordered expunction is not available if the person was ever adjudicated guilty of a criminal offense in Florida, or (subject to the 10-year exception for sealed records) already had a court-ordered sealing or expunction
• ✗Court-ordered expunction is not available while the person is still under court supervision for that case

Sources: Fla. Stat. § 943.0595 (2026) — Automatic sealing (§ 943.0595(2)(a); § 943.0595(2)(a)2.-3.; § 943.0595(2)(a)3.; § 943.0595(2)(b); +3 more); FDLE — Seal and Expunge Home (Automatic Sealing; Automatic Sealing (note)); Fla. Stat. § 943.0585 (2026) — Court-ordered expunction (§ 943.0585(1)(a); § 943.0585(1)(b); § 943.0585(1)(d); § 943.0585(1)(f); +3 more); Fla. Stat. § 943.0581 (2026) — Administrative expunction (§ 943.0581(3)); Fla. Stat. § 943.0578 (2026) — Lawful self-defense expunction (§ 943.0578(1))

Remedy

Court-ordered sealing (Fla. Stat. § 943.059) when adjudication was withheld; possible later court-ordered expunction (§ 943.0585(1)(h)) after the record has been sealed for at least 10 years

Waiting period

No fixed waiting period for sealing once court supervision for the case has ended; expunction of a withheld-adjudication record requires it to have first been sealed for at least 10 years

A misdemeanor case can be sealed only if the court withheld adjudication (the person was never adjudicated guilty) and the person meets the other conditions. They must never have been adjudicated guilty of any criminal offense in Florida, must have no prior court-ordered sealing or expunction, and must be off court supervision for that case. A misdemeanor where the person was adjudicated guilty cannot be sealed or expunged under these sections. A record sealed for at least 10 years because adjudication was withheld may later qualify for expunction. Offenses on the § 943.0584 list, such as domestic assault or battery and stalking, cannot be sealed even when adjudication was withheld.

• ✗Any adjudication of guilt for the offense, or for any other criminal offense in Florida
• ✗Offenses listed in § 943.0584 even when adjudication was withheld, for example assault or battery of a family or household member, stalking, and voyeurism
• ✗A prior court-ordered sealing or expunction under § 943.059 or § 943.0585

Sources: Fla. Stat. § 943.059 (2026) — Court-ordered sealing (§ 943.059(1)(b); § 943.059(1)(c); § 943.059(1)(d); § 943.059(1)(e)); FDLE — Reasons for Denial (Disqualifying Charges for Sealing/Expungement); Fla. Stat. § 943.0584 (2026) — Records ineligible for sealing/expunction (§ 943.0584(1); § 943.0584(2)(f); § 943.0584(2)(i), (2)(r); § 943.0584(2)(r)); FDLE — Seal and Expunge FAQ (Q7 — How many dates of arrest can I have sealed or expunged?); Fla. Stat. § 943.0585 (2026) — Court-ordered expunction (§ 943.0585(1)(h))

Remedy

Court-ordered sealing (Fla. Stat. § 943.059) when adjudication was withheld; possible later court-ordered expunction (§ 943.0585(1)(h)) after 10 years sealed

Waiting period

No fixed waiting period for sealing once court supervision for the case has ended; expunction of a withheld-adjudication record requires it to have first been sealed for at least 10 years

A felony case can be sealed only when adjudication was withheld, the offense is not on the § 943.0584 list, and the person meets the same conditions that apply to misdemeanors. The list includes, for example, murder, manslaughter, aggravated assault, aggravated or felony battery, kidnapping, robbery, carjacking, burglary of a dwelling, arson, chapter 794 sexual battery offenses, and drug trafficking. Florida law does not allow a judge to withhold adjudication for capital, life, or first-degree felonies, and limits withholds for second-degree felonies and for third-degree felonies after earlier felony withholds. FDLE states that a person adjudicated guilty of a felony cannot get sealing or expunction under these sections, even if their civil rights were restored.

• ✗Any adjudication of guilt (felony convictions with adjudication cannot be sealed or expunged)
• ✗Offenses listed in § 943.0584 even when adjudication was withheld, including murder, manslaughter, aggravated assault, felony or aggravated battery, kidnapping or false imprisonment, robbery, carjacking, home-invasion robbery, burglary of a dwelling, arson, chapter 794 offenses, child abuse, manufacturing a controlled substance, and drug trafficking
• ✗Adjudication cannot be withheld for capital, life, or first-degree felonies

Sources: Fla. Stat. § 943.0584 (2026) — Records ineligible for sealing/expunction (§ 943.0584(2)(d)-(f); § 943.0584(2)(g)-(h); § 943.0584(2)(q)-(t); § 943.0584(2)(s)-(u); +2 more); Fla. Stat. § 775.08435 (2026) — Prohibition on withholding adjudication in felony cases (§ 775.08435(1)(a); § 775.08435(1)(d); § 775.08435(1)(b)); FDLE — Seal and Expunge FAQ (Q15 — civil rights restoration; Q7 — How many dates of arrest can I have sealed or expunged?)

Remedy

None for a DUI conviction under Fla. Stat. §§ 943.0585/943.059; a DUI charge that was not filed, dismissed, or ended in acquittal is treated like any other non-conviction record (see arrest row)

Waiting period

No single period — see the conditions below

Florida law forbids courts from withholding adjudication for DUI (§ 316.193), DUI manslaughter, or vehicular homicide. A DUI conviction is therefore always an adjudication of guilt and cannot be sealed or expunged. FDLE treats DUI as a criminal driving offense, so a DUI adjudication can also make a person ineligible to seal or expunge any other Florida record. When checking eligibility, FDLE also searches driving records kept by the Department of Highway Safety and Motor Vehicles (DHSMV).

• ✗Any DUI conviction (adjudication of guilt cannot be withheld for DUI under § 316.656)
• ✗A DUI adjudication of guilt also counts as a prior adjudication that bars sealing or expunging other records

Sources: Fla. Stat. § 316.656 (2026) — Mandatory adjudication (§ 316.656(1)); FDLE — Reasons for Denial (Reasons for Denial (adjudication of guilt)); FDLE — Seal and Expunge FAQ (Q22 — why DHSMV records are checked; Q22); Fla. Stat. § 943.0585 (2026) — Court-ordered expunction (§ 943.0585(1)(d))

Remedy

Court-ordered sealing (Fla. Stat. § 943.059) when adjudication was withheld; court-ordered expunction (§ 943.0585) when charges were not filed or were dismissed, including after completing a pretrial drug court program (§ 948.08); dismissed or not-filed possession charges are also covered by automatic sealing (§ 943.0595, see arrest row)

Waiting period

No fixed waiting period for sealing once court supervision for the case has ended; expunction of a withheld-adjudication record requires it to have first been sealed for at least 10 years

Simple drug possession is not on the § 943.0584 list, which does name manufacturing a controlled substance and drug trafficking. A possession case in which adjudication was withheld may therefore be sealed if the person otherwise qualifies. A possession case that ended in an adjudication of guilt cannot be sealed or expunged under these sections. If charges are dismissed after the person completes a treatment-based drug court pretrial program, the person may seek expunction of the arrest record and the nolo contendere plea, if otherwise eligible. No cannabis-specific automatic or petition relief was found.

• ✗Manufacturing a controlled substance (chapter 893) and drug trafficking (§ 893.135), even when adjudication was withheld
• ✗Any adjudication of guilt, for this or any other criminal offense in Florida

Sources: Fla. Stat. § 943.0584 (2026) — Records ineligible for sealing/expunction (§ 943.0584(2)(ff)-(gg)); FDLE — Reasons for Denial (Disqualifying Charges for Sealing/Expungement); Fla. Stat. § 948.08 (2026) — Pretrial intervention program (§ 948.08 (treatment-based drug court pretrial program)); Fla. Stat. § 943.059 (2026) — Court-ordered sealing (§ 943.059(1)(c)); Fla. Stat. § 943.0595 (2026) — Automatic sealing (§ 943.0595(2)(a))

Remedy

Automatic expunction of FDLE's juvenile record (Fla. Stat. § 943.0515); early juvenile expunction (§ 943.0515(1)(b)2.); juvenile diversion expunction (§ 943.0582); court-ordered sealing or expunction (§§ 943.059, 943.0585)

Waiting period

Automatic at age 21 (age 26 for serious or habitual juvenile offenders or those committed to a maximum-risk residential facility); early expunction may be requested from age 18 to under 21 if there were no charges or findings in the preceding 5 years

FDLE keeps a minor's criminal history record until age 21 (2 years after turning 19) and then expunges it automatically. For serious or habitual juvenile offenders, and those committed to a maximum-risk residential facility, this happens at age 26 (5 years after turning 21). Exceptions: if the person is charged with or convicted of a forcible felony at 18 or older, the juvenile record is merged into the adult record, and certain sex-offense adjudications are kept. People aged 18 to 20 who have not been charged with or found to have committed any criminal offense in the previous 5 years can apply to FDLE for early expunction, which needs the state attorney's approval and a $75 fee. A minor who completes a qualifying diversion program for a misdemeanor, or for a felony that is not forcible and not firearm/weapon-related, can apply for diversion expunction. This does not stop them from seeking sealing or expunction of a later record.

• ✗Juvenile record is merged into the adult record, not expunged, if the person is charged with or convicted of a forcible felony at age 18 or older, or is adjudicated as an adult for a forcible felony
• ✗Juvenile adjudications for the sex offenses referenced in § 943.0435(1)(h)1.d. (violations on or after July 1, 2007) are retained and merged into the adult record
• ✗Diversion expunction excludes forcible felonies and felonies involving firearms or weapons

Sources: Fla. Stat. § 943.0515 (2026) — Retention of criminal history records of minors (§ 943.0515(1)(b)1.; § 943.0515(1)(a); § 943.0515(1)(b)2.; § 943.0515(1)(b)2.a.; +2 more); FDLE — Seal and Expunge Home (Automatic Juvenile Expungement); Fla. Stat. § 943.0582 (2026) — Diversion program expunction (§ 943.0582(3); § 943.0582(3)(b); § 943.0582(4))