Table of Contents
What Is Florida Expungement Disqualification?
The Florida Department of Law Enforcement identifies 5 independent disqualifying conditions under Florida Statutes sections 943.0585 and 943.059. FDLE denies a Certificate of Eligibility application when any 1 of the following 5 conditions applies to the applicant’s criminal history record.
The 5 categories of Florida expungement disqualification are:
- A prior Florida conviction or qualifying juvenile adjudication (section 943.0585(1)(d))
- Adjudication of guilt on the charge being petitioned (section 943.0585(1)(e))
- A prior court ordered sealing or expungement in Florida (section 943.0585(1)(g))
- The charge falls under the section 943.0584 disqualifying offense list
- Ongoing court supervision or a pending expungement petition (section 943.0585(1)(f))
Each category operates independently. An application fails the moment any 1 condition is present, regardless of the strength of the remaining eligibility criteria.
Does a Prior Florida Conviction Disqualify Expungement?
Yes. A prior Florida adjudication of guilt permanently disqualifies all future sealing and expungement in the state, under sections 943.0585(1)(d) and 943.059(1)(a). The disqualification applies regardless of how long ago the conviction occurred, whether the sentence was completed, or whether the conviction involved a minor offense.
The prior convictions that disqualify a Florida expungement or sealing application are:
- Any adult criminal conviction in Florida, including misdemeanors, criminal ordinance violations, and criminal traffic offenses such as DUI, reckless driving, and driving while license suspended
- Adjudication of delinquency for any felony committed as a juvenile in Florida
- Adjudication of delinquency for the specific misdemeanors enumerated in Florida Statute section 943.051(3)(b) committed as a juvenile in Florida
According to the Florida Department of Law Enforcement’s published Reasons for Denial, certain driving violations are specifically classified as criminal offenses for this purpose, including driving under the influence, reckless driving, and with limited exceptions, driving while license is suspended, canceled, or revoked. A DUI adjudication from 20 years ago disqualifies a current Florida expungement application the same as one from last year.
Do Out of State Convictions Disqualify a Florida Expungement?
No. Out of state convictions do not disqualify a Florida expungement or sealing application, effective October 1, 2019. Florida amended sections 943.0585 and 943.059 in 2019 to prohibit sealing or expunging only where a prior conviction occurred under the laws of Florida. A conviction in Georgia, Texas, New York, or any other state does not prevent a Florida expungement, provided all other eligibility criteria are satisfied.
A prior Florida expungement obtained while residing in Florida continues to disqualify a subsequent Florida application. The Florida law change applies only to out of state convictions. The once in a lifetime rule within Florida remains unchanged.
Does Adjudication on the Charge Being Petitioned Disqualify Expungement?
Yes. Adjudication of guilt on the specific charge subject to the expungement petition disqualifies that record from being sealed or expunged, under sections 943.0585(1)(e) and 943.059(1)(b). This condition applies independently of the prior conviction rule.
An applicant with no other criminal history who was adjudicated guilty on the charge being petitioned cannot clear that record through court ordered expungement or sealing.
Does a Withhold of Adjudication Count as a Conviction for Expungement Purposes?
A withhold of adjudication is not an adjudication of guilt for expungement and sealing purposes in Florida. A withhold of adjudication means the Florida court did not formally convict the applicant, despite a guilty or no contest plea. Under section 943.059, a withheld adjudication preserves sealing eligibility, provided the underlying charge is not listed in the section 943.0584 disqualifying offense list and all other criteria are met.
The practical distinction is this: a conviction blocks both sealing and expungement for that charge. A withhold of adjudication preserves sealing eligibility, but only for charges not excluded by section 943.0584.
Does a Prior Sealing or Expungement Disqualify a New Florida Application?
Yes. Florida law permits only 1 court ordered sealing or expungement per person per lifetime, under sections 943.0585(1)(g) and 943.059(1)(d). An applicant who previously obtained a court ordered sealing or expungement in Florida under sections 943.0585, 943.059, or the former statutes sections 893.14, 901.33, or 943.058 is permanently disqualified from a second action.
According to the FDLE’s published FAQ on sealing and expungement, a person is not permitted to seal or expunge one arrest record and then, in a later and separate proceeding, seek relief for a different arrest record.
The 1 exception to this rule applies to a sealed record that has remained sealed for 10 or more years. A record sealed for 10 years, during which time the applicant was not charged with or convicted of any criminal offense, becomes eligible for expungement under section 943.0585(1)(h).
Does a Prior Out of State Expungement Disqualify a Florida Application?
No. A sealing or expungement obtained in another state does not count as a prior order under Florida law. Florida amended its statutes in 2013 to permit a defendant to seek relief for a Florida criminal record even if the defendant previously obtained expungement or sealing in another state. Only a prior Florida court ordered sealing or expungement under the specific statutes listed in section 943.0585(1)(g) creates disqualification.
Which Types of Florida Record Relief Do NOT Count as a Prior Sealing or Expungement?
The following 7 types of Florida record relief do not constitute a prior court ordered sealing or expungement and do not disqualify a subsequent application under sections 943.0585 and 943.059:
- Automatic sealing under section 943.0595
- Automatic juvenile expungement under section 943.0515
- Juvenile diversion expungement under section 943.0582
- Administrative expungement under section 943.0581
- Early juvenile expungement under section 943.0515(1)(b)2
- Human trafficking expungement under section 943.0583
- Lawful self defense expungement under section 943.0578
An applicant who received any of the above types of relief retains eligibility for 1 court ordered sealing or expungement under sections 943.0585 or 943.059, provided all other criteria are met.
Which Charges Are on the Florida Section 943.0584 Disqualifying Offense List?
Florida Statute section 943.0584 lists the criminal offenses that cannot be sealed even when the court issued a withhold of adjudication. These charges are permanently disqualifying for sealing when the applicant entered a guilty or no contest plea, regardless of whether adjudication was formally withheld.
Does a Section 943.0584 Charge Disqualify Expungement if the Case Was Dismissed?
A section 943.0584 charge does not disqualify expungement if the charge was dismissed, dropped, or resulted in a not guilty verdict. The disqualifying offense list under section 943.0584 applies only to sealing. It blocks sealing when a plea was entered and adjudication was withheld. A dismissed section 943.0584 charge is expungeable under the standard rules of section 943.0585, provided all other criteria are satisfied.
This is the most commonly misunderstood rule in Florida expungement law. An applicant arrested for domestic battery, aggravated assault, or any other section 943.0584 charge whose case was dismissed qualifies for expungement of that record. The section 943.0584 bar applies to the sealing pathway, not to the expungement pathway following a dismissal.
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DO I QUALIFY?What Are the Specific Disqualifying Offenses Under Section 943.0584?
Florida law is clear and restrictive. Certain charges are permanently ineligible for sealing, even when the court grants a withhold of adjudication. These disqualifications come from Florida Statute 943.0584 and the violent felony classification in Florida Statute 907.041.
Below is 4 primary categories to help you clearly understand the scope of disqualifying offenses.
Which Sexual Offenses Permanently Disqualify Sealing?
Sexual related charges are among the strictest disqualifiers because of public safety concerns and registration laws. A record involving any of the following cannot be sealed:
- Sexual battery as defined in Chapter 794
- Lewd or lascivious acts involving a minor under section 800.04
- Child pornography offenses such as possession, transmission, or promotion under sections 847.0133, 847.0135, and 847.0145
- Voyeurism and digital voyeurism under section 810.14
- Sexual misconduct involving vulnerable individuals, including:
- Developmentally disabled persons under section 393.135
- Mental health patients under section 394.4593
- Individuals in custody under section 916.1075
- Online solicitation of a minor under section 847.0135
Any offense that qualifies a person for registration under Florida Statute 775.21 or Florida Statute 943.0435 is also permanently disqualifying. This applies even if the single charge would not independently trigger registration.
Which Violent Offenses Cannot Be Sealed?
Violent crimes are broadly excluded from record sealing eligibility. These include:
- Murder and attempted murder (§§782.04, 782.065, 782.09)
- Manslaughter and vehicular homicide (§§782.07, 782.071, 782.072)
- Aggravated assault and aggravated battery (§§784.021, 784.045)
- Domestic violence offenses involving assault or battery (§§784.011, 784.03, defined in §741.28)
- Kidnapping and false imprisonment (§§787.01, 787.02)
- Human trafficking (§787.06)
- Stalking and aggravated stalking (§784.048)
- Robbery, home invasion robbery, and carjacking (§§812.13, 812.135, 812.133)
These offenses are also aligned with Florida’s violent felony classification system, which further reinforces ineligibility.
What Crimes Against Children or Vulnerable Adults Are Disqualified?
Florida law imposes strict protections for minors and vulnerable individuals. As a result, these offenses are not eligible for sealing:
- Child abuse and aggravated child abuse (§827.03)
- Abuse or neglect of an elderly or disabled adult (§825.102)
- Sexual activity involving minors aged 12–17 by an adult (§794.05)
These offenses are treated as high priority public safety concerns and remain permanently on record.
Which Property and Serious Offenses Prevent Sealing?
Certain non violent but high severity offenses also disqualify sealing due to their impact on public safety, financial harm, or government integrity.
- Arson (§§806.01, 806.031)
- Burglary of a dwelling (§810.02)
- Aircraft piracy or hijacking
- Illegal use of explosives (Chapter 552)
- Terrorism (§775.30)
- Drug trafficking or manufacturing (§893.135)
- Fraudulent use of personal identification (§817.034)
- Obstruction of justice (Chapter 839)
- Public corruption and violent felony offenses listed under Florida Statute 907.041
Key takeaway for eligibility
Record sealing eligibility in Florida is not determined only by the outcome of your case. The type of charge itself is often the deciding factor.
If your case falls into any of the categories above, it is permanently disqualified from sealing, regardless of whether adjudication was withheld or the case was resolved without a conviction.
For accurate eligibility analysis, each case should be reviewed against the statute language, arrest history, and final court disposition.
Does Ongoing Court Supervision Disqualify a Florida Expungement?
Active court supervision at the time of filing disqualifies a Florida expungement or sealing application, under sections 943.0585(1)(f) and 943.059(1)(c). An applicant currently under probation, community control, house arrest, or any other form of court supervision for the charge being petitioned is ineligible to apply.
The 2 conditions that trigger this disqualification are:
- The applicant is currently under any form of court supervision for the charge being petitioned, including probation, community control, house arrest, or pretrial release
- A petition to seal or expunge any criminal history record is currently pending before any Florida court
All probation terms, community service hours, court costs, fines, and court ordered financial obligations must be completed and fully satisfied before FDLE processes an application. A completed probation, regardless of when it ended, does not disqualify. Only current, active supervision disqualifies.
What Are the Options When Court Ordered Expungement Is Disqualified?
When a person is disqualified from standard expungement or sealing under Florida Statutes 943.0585 and 943.059, Florida law still provides several alternative relief pathways. These options are separate from traditional expungement and do not count toward the one time lifetime limit.
Administrative expungement for unlawful or mistaken arrests
Administrative expungement is governed by Florida Statute 943.0581. This pathway applies when an arrest was made by mistake or in violation of law. The process is handled directly by the arresting agency, not the court and not the Florida Department of Law Enforcement.
Requirements include:
- The arrest must be clearly unlawful or erroneous
- The arresting agency must approve and support the request
- The record is removed from FDLE systems once approved
Because this is not a court ordered expungement, it does not affect future eligibility.
Human trafficking related expungement
Human trafficking victims may qualify under Florida Statute 943.0583. This law allows expungement of offenses committed as part of the trafficking situation. It applies even when the charges would normally be disqualifying under Florida Statute 943.0584.
Important factors include:
- The applicant must be recognized as a victim of human trafficking
- The offense must be directly connected to the trafficking activity
- A court petition is still required, but eligibility rules are expanded
This pathway recognizes that the conduct resulted from coercion rather than independent criminal intent.
Lawful self defense expungement
Lawful self defense expungement is available under Florida Statute 943.0578. It applies when a person acted within the protections of Chapter 776, Florida law.
Key conditions include:
- The State Attorney or statewide prosecutor must certify lawful self defense
- Charges must have been dismissed or never filed
- The process bypasses the standard certificate of eligibility
This allows removal of arrest records where the conduct was legally justified.
Early juvenile expungement for young adults
Early juvenile expungement is authorized under Florida Statute 943.0515. It is available to individuals between ages 18 and 21 who meet strict criteria.
Requirements include:
- No criminal charges or convictions in the previous 5 years
- The record must be from a juvenile case
- Approval is required from the prosecuting authority and FDLE
This pathway allows qualified individuals to clear their juvenile record without filing a court petition.
Automatic juvenile expungement by FDLE
Florida also provides automatic juvenile expungement under Florida Statute 943.0515. This process requires no application from the individual.
Key rules include:
- Records are automatically expunged at age 21
- If the person was committed to a juvenile facility, expungement occurs at age 26
- The individual must not have a forcible felony conviction as an adult
In some cases, records held by local agencies or courts may require a separate administrative request if they were not submitted to FDLE.
FAQ
Does a DUI conviction disqualify expungement of a different arrest in Florida?
Yes. A DUI adjudication of guilt is treated as a prior conviction under Florida Statute 943.0585. This permanently disqualifies a person from sealing or expunging any future arrest, even if the charges are unrelated. The Florida Department of Law Enforcement classifies DUI as a criminal offense for eligibility purposes, not a civil traffic matter.
Can a dismissed domestic violence charge be expunged in Florida?
Yes. A domestic violence case that is dismissed or results in a not guilty verdict can qualify for expungement under Florida Statute 943.0585. Domestic violence is listed as a disqualifying offense under Florida Statute 943.0584, but that restriction applies to sealing after a plea. If the case is dismissed, expungement remains available if all other requirements are satisfied.
Does a withhold of adjudication on aggravated battery qualify for sealing?
Florida Statute 943.0584. A withhold of adjudication does not change this outcome. The charge cannot be sealed. Expungement is only possible if the case was dismissed, no information was filed, or the defendant was acquitted. A withhold does not meet the expungement standard under Florida Statute 943.0585.
Does completing probation still disqualify a Florida expungement application?
No. The restriction in Florida Statute 943.0585 applies only to active supervision at the time of filing. If probation has already been completed, it does not disqualify the application. However, all court ordered obligations must be fully satisfied before applying, including fines, court costs, and restitution. The FDLE will not process an application with outstanding balances.
Can an out of state felony conviction block a Florida expungement?
No. Since the 2019 amendment to Florida Statute 943.0585 and Florida Statute 943.059, only Florida convictions are considered disqualifying prior records. An out of state conviction does not prevent expungement or sealing of a Florida arrest, as long as all other eligibility criteria are met.
Can two separate arrests be expunged in one Florida petition?
Yes, but only in limited situations. Unde Florida Statute 943.0585, multiple arrests can be expunged together only when they are directly related to the same incident. The court must clearly state in its order that all related arrests are to be expunged. Whether arrests qualify as directly related depends on the specific facts of each case.
Does a prior sealed record prevent expunging a second arrest after 10 years?
No, with one important condition. Under Florida Statute 943.0585, a record that has been sealed for at least 10 years may be eligible for expungement if the person has not been arrested or convicted of any new offense during that period.
The 10 year period starts from the date the sealing order was entered. In this situation, the sealed record can be converted to an expunged record without violating the one time eligibility rule.
How Erase The Case Reviews Disqualification for Each Florida Client?
Erase The Case specializes exclusively in Florida expungement and sealing. The firm handles no other area of law. Attorney David Weisselberger, a former Miami Dade County Assistant Public Defender, reviews each Florida criminal record against all 5 disqualification categories before any application is filed with FDLE.
Cases that appear disqualified frequently qualify through a pathway the applicant was not aware of, including the October 1, 2019 out of state conviction rule, the dismissed section 943.0584 charge is still expungeable standard, and the 5 alternative relief pathways under sections 943.0581, 943.0583, 943.0578, and 943.0515.
The free eligibility test at Erase The Case returns a result in 2 minutes and covers all 5 disqualification categories under Florida law.
