Do I Qualify for Expungement?

What Happens After You Complete the Test?

This eligibility test is designed to help you understand, based on your situation, whether your record may qualify for expungement or whether another legal option may apply.

Once you complete the test, your result will appear immediately, indicating whether you qualify. You will also receive clear instructions on the next steps based on your result.

What It Means to Qualify for Expungement in Florida?

Expungement is a legal process that removes a criminal record from public access. Once expunged, the record is no longer visible in standard background checks conducted by employers, landlords, and most private entities.

To proceed with expungement, you must first obtain a Certificate of Eligibility issued by the Florida Department of Law Enforcement. This certificate confirms that your case meets the legal requirements to move forward.

Expungement vs. Record Sealing

Understanding the difference is important before determining eligibility:

• Expungement: The record is removed from public access and physically destroyed by most agencies
• Record Sealing: The record remains on file but is hidden from public view

In many cases, individuals who do not qualify for expungement may still be eligible to seal their record.

Basic Eligibility Criteria for Expungement

Eligibility depends on how your case was resolved and your prior history. While each case should be reviewed individually, the following criteria are commonly used:

• No Prior Expungement or Sealing: You have never had a criminal record sealed or expunged before in Florida (with limited exceptions for juveniles).
• Case Outcome Must Qualify: The charges must have been: Dismissed; Dropped (nolle prosequi); Acquitted (found not guilty); Or never formally filed.
• No Prior Criminal Convictions: You cannot have been adjudicated guilty (convicted) of any criminal offense in Florida or any other state.
• No Ongoing Criminal Cases: You are not currently under any form of court supervision or prosecution.
• Not Listed on Disqualifying Offenses: Certain serious offenses (e.g., sexual misconduct, violent crimes, etc.) are ineligible even if dropped. See the Florida Department of Law Enforcement (FDLE) disqualifying offense list.

For detailed eligibility requirements, visit this Comprehensive Guide on Florida Expungement

Eligibility is not always determined by a single factor. I have seen cases where individuals assumed they did not qualify, but after reviewing the full record, a legal path was still available. A structured review ensures that no qualifying option is overlooked.

What If You Don’t Qualify for Expungement?​

If you don’t meet the criteria for expungement, you may still be eligible to have your record sealed. Record sealing is often available if you received withhold of adjudication and your offense is not on the ineligible list.

According to Florida law, there are specific offenses that cannot be sealed, even if you received a withhold of adjudication:

• Sex crimes – sexual battery, lewd or lascivious acts, child pornography, or offenses involving minors
• Violent crimes – murder, manslaughter, kidnapping, robbery, aggravated assault or battery
• Crimes against children, elderly, or disabled persons – including abuse or neglect
• Domestic violence offenses – if the charge was designated as domestic
• Drug trafficking – or manufacturing drugs near a school
• Certain offenses by public employees or officials – involving breach of public trust