To qualify for expungement in Florida, you must meet all of the following criteria:
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 cannot currently be 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.
Certificate of Eligibility Required: You must obtain a Certificate of Eligibility from FDLE before filing your petition with the court.
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.
You may be eligible for sealing if your case resulted in a withhold of adjudication (meaning the judge did not formally convict you), and the offense is not on the list of disqualifying charges under Florida Statute 943.059.
You may be eligible for expungement if the charges were dismissed, nolle prossed (not prosecuted), no actioned, or you were found not guilty at trial. To qualify, you must still meet all other criteria, such as having no prior adjudications of guilt and not having previously sealed or expunged a record.
Importantly, you cannot expunge a case that resulted in a withhold of adjudication — that case may only qualify for sealing.
In practice, some people may qualify for one but not the other, depending on the outcome of their case and the type of charge. This distinction is critical when deciding the correct path to clear your record.
According to Florida law, there are specific offenses that cannot be sealed, even if you received a withhold of adjudication. However, you are still eligible to expunge your record if your case was dismissed or if you were not found guilty.
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
