Florida’s expungement laws continue to evolve, but many common misconceptions persist. If you’ve been searching for answers about recent updates to the expungement process in Florida, this guide will bring clarity. Whether you’re concerned about eligibility, recent legislative efforts, or how the process works in 2026, you’re in the right place.
For a broader overview of Florida’s eligibility rules and full expungement/sealing procedures, see our main Florida Expungement Process
What’s New in Florida Expungement Law (2026)?
While Florida’s core eligibility criteria haven’t changed this year, 2026 brought key procedural updates that affect how applications are processed and how quickly eligible individuals can clear their records.
1. Live Scan Fingerprinting Now Required
Florida now mandates the use of state-approved live scan vendors for fingerprint submission. This replaces the older, ink-based fingerprint cards that often slowed down the process due to smudges or mailing delays. Live scan technology improves accuracy and reduces turnaround time, but applicants should confirm that their chosen vendor is FDLE-approved before proceeding.
2. Expanded Juvenile Expungement Eligibility
Since July 1, 2021, under Senate Bill 274, juveniles who complete diversion programs for any offense, including felony offenses, can apply to have their nonjudicial arrest records expunged. This law expanded previous eligibility, which only covered first-time misdemeanor diversions. Additionally, juveniles completing these programs, whether for felonies or subsequent offenses, are permitted to lawfully deny or not acknowledge participation in such programs or their expunction.
3. Ongoing Legislative Developments
In 2023, Governor Ron DeSantis vetoed a bill aimed at expanding expungement eligibility for adults seeking to clear records that were previously expunged as juveniles. Following this, Senate Bill 54 (2024) was introduced with similar goals to provide broader second-chance opportunities for affected individuals. Although Senate Bill 54 did not pass, these efforts highlight ongoing legislative interest in improving Florida’s expungement framework.
What Has Not Changed? (But Is Commonly Misunderstood)
| Scenario | Expungement | Sealing |
|---|---|---|
| Case was dismissed (e.g., nolle prosequi, no action, acquittal) | YES, even for sexual offenses, violent felonies, or domestic violence | Not applicable because there’s no adjudication |
| Withhold of adjudication (no conviction, but not dismissed) | No expungement | No sealing for prohibited offenses |
| Multiple expungements or sealing | Only if cases related | Only if cases related |
Despite recent legislative interest and media discussion around expanding expungement access in Florida, there has been no official change to eligibility requirements regarding serious or violent offenses.
Some public commentary has led to misunderstandings that Florida has already expanded eligibility for expunging felony or dangerous offenses. This is not accurate. The current law remains unchanged. If your case was dismissed, dropped, or resulted in a “nolle prosequi,” you may still be eligible for expungement, even if the offense involved sexual misconduct, violence, or domestic violence.
However, suppose your case resulted in a withhold of adjudication, and the offense is listed under Florida’s disqualifying crimes (e.g., sexual battery, aggravated assault, etc.). In that case, you are not eligible for sealing, and you cannot expunge a case that wasn’t dismissed.
Some people believe that the new law allows for the expungement or sealing of multiple cases. However, you can only expunge or seal cases once in your lifetime. Additionally, only cases that are related, such as those filed on the same day, cases that were reduced from another case, or cases that were transferred to each other, are eligible for this process.
For a comprehensive explanation of eligibility and a breakdown of record sealing vs. expungement, see our main hub page: Florida Expungement (Eligibility Requirements & Process)
Find Out If You’re Eligible – Free Case Review
As the leading Florida expungement attorneys, we exclusively handle expungement and background record removal across Florida. If you’ve ever been told you weren’t eligible, that may no longer be true under the 2026 reforms.
📞 Call for a free consultation: +1 866-372-7335
📩 Got a question? Email us: lawyer@erasethecase.com
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