If you have a felony arrest in Florida, you may still qualify for expungement, especially if your case was dropped, dismissed, or you meet other eligibility requirements. Expunging or sealing a felony charge in Florida will significantly enhance your future opportunities, impacting areas such as job applications, housing options, professional licensing, and immigration status.
This guide provides a comprehensive overview of Florida felony expungement, including eligibility requirements, process, timelines, and associated costs.
Eligibility Criteria for Felony Expungement in Florida
In order to know who qualifies for felony expungement, it is important to understand the eligibility criteria:
- No previously expunged or sealed cases in Florida
- No previous adjudication of guilt or delinquency for any criminal charges
- The offense is not on the statutory disqualifying list under Florida Statutes, Sections 943.0584.
- No ongoing petition for expungement in any court in Florida
- You were found not guilty or acquitted by a judge or jury
- The case against you was dismissed, dropped, nolle prossed, or any variation thereof
- You must complete all court-ordered requirements, including probation, diversion programs, community service, and fines.
Free Eligibility Test
Only takes 2 minutes to find out if you are eligible. Take our test now!
DO I QUALIFY?Which Felonies Can Be Expunged in Florida?
Many people believe that a felony record can never be sealed or expunged in Florida. That is not always true. In Florida, eligibility depends less on the word “felony” itself and more on how the case ended, whether there was an adjudication of guilt, and whether the offense is legally disqualified.
Under Florida Statutes 943.0585, all felony charges can be expunged if the case was dismissed, the person was never adjudicated guilty of any crime, and all other eligibility criteria are met.
Some common felony arrests people ask about include:
1. First-Degree Felonies
- Armed robbery
- Burglary with assault or battery
- Aggravated battery (especially causing great bodily harm)
- Carjacking
- Aggravated child abuse
2. Second-Degree Felonies
- Drug trafficking or possession with intent to sell
- Vehicular homicide or DUI manslaughter
- Extortion
- Felon in possession of a firearm
- Narcotics sales to a minor
3. Third-Degree Felonies
- Grand theft (>$750)
- Simple felony battery (with prior conviction)
- Possession of controlled substances (small quantities)
- Resisting or fleeing law enforcement
- Forgery / Uttering forged instrument
- Felony DUI (third offense or injury-related)
- Driving while license suspended (multiple offenses)
There is no simple list of “approved felonies” that automatically qualify for expungement. A dismissed felony may be treated very differently from a felony where the person pleaded guilty or no contest, received a withhold of adjudication, or was formally convicted.
This is also where sealing and expungement become important to separate. Expungement is generally tied to cases that were dismissed, dropped, not filed, or ended in acquittal.
Sealing may apply in some cases where adjudication was withheld, but the person must still meet Florida’s eligibility requirements. Certain serious offenses may be ineligible for sealing or expungement even when adjudication was withheld.
Before moving forward, the safest step is to review the exact charge, the final case disposition, prior criminal history, and whether the offense falls under Florida’s disqualifying categories. Florida also requires a Certificate of Eligibility before a person can petition the court to seal or expunge a criminal history record.
In this video, Erase The Case explains why the common belief that felonies can’t be sealed is not always correct. As a Florida law firm 100% focused on expungement and sealing, Erase The Case helps clients understand whether their felony record may qualify for sealing, expungement, or another record-clearing option.
“If you receive a withhold of adjudication in Florida, you might not be able to expunge your record, but you may be able to seal it. A withhold means the court did not formally convict you, which is important for sealing. If your case was dismissed or you were found not guilty, you would not seal the record; instead, you would apply for expungement. However, some charges, like sexual battery, child abuse, and other serious offenses, cannot be sealed, even with a withhold. To learn more about which offenses disqualify you from sealing, keep reading!”
David Weisselberger
Which Felonies Can Not Be Sealed in Florida?
According to Florida Statutes 943.0584, some dangerous felonies are disqualified from sealing, even if adjudication was withheld. These disqualifying offenses include:
- Sexual offenses (sexual battery, lewd & lascivious acts, child pornography)
- Murder or manslaughter
- Arson
- Kidnapping or false imprisonment
- Human trafficking
- Burglary of a dwelling
- Robbery / home-invasion robbery
- Carjacking
- Aggravated assault or battery
- Stalking or aggravated stalking
- Child abuse or aggravated child abuse
- Elderly or disabled abuse
- Voyeurism / digital voyeurism
- Manufacturing controlled substances or drug trafficking
- Terrorism
Note: These charges can still be expunged if dismissed or not prosecuted, but cannot be sealed if you entered a plea, even if you received a withhold.
How To Get a Felony Expunged in Florida
To expunge a felony record in Florida, start by obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This requires a completed application, a fingerprint card, and a processing fee.
Once you have the certificate, you must file a petition in the court where the arrest occurred. It’s advisable to consult a legal expert to understand the felony expungement process and avoid mistakes
Here’s a brief guide to help you gain a better understanding of how to get a felony expunged in Florida:
Step 1: Checking Eligibility
Know the eligibility criteria for expungement. Click here and find out if you qualify for expungement with our free, 100% accurate, and automated eligibility test in only 2 minutes.
Step 2: Apply for the FDLE Certificate of Eligibility
Once you establish eligibility, collect the required documents to apply for the FDLE Certificate of Eligibility, which includes:
- Fingerprints
- A certified disposition of the case
- Signed affidavit
- $75 processing fee
FDLE takes up to 12 weeks to issue the certificate.
Step 3: File Petition in Court
After your Certificate of Eligibility is approved by the FDLE, file a Petition to Seal or Expunge in the county of arrest. If there are multiple counties, ensure the petition meets jurisdictional requirements for all related criminal history.
Step 4: Court Review & Hearing (If Required)
- If no objections are received, the judge will review the petition and proposed order for compliance. If unopposed and all criteria are met, the court may issue an order to seal or expunge.
- If granted, the order will be sent to the arresting agency, State Attorney, FDLE, and other applicable entities.
Step 5: Order Granted & Record Expunged
- If the judge approves the request and signs the order, the clerk of courts must process the expungement or sealing order. The petitioner must pay all fees, including the filing fee and any extra costs for certified copies.
- Once all fees are paid, the clerk will send certified copies of the court order to all relevant criminal justice agencies that were involved in the case.
- For expungement, most government agencies must destroy the record, though some may keep a confidential copy. For sealing, the records remain confidential and cannot be accessed by the public, employers, or online databases.
For a more complete Florida expungement step-by-step guide, read How to Expunge a Record in Florida (Ultimate Guide)
Benefits of Getting a Felony Expunged in Florida
Discover how felony expungement can empower you to reclaim your life, and explore the numerous advantages it brings. Felony expungement offers several benefits, including:
- Enhanced Employment Opportunities with better pay
- Improved Housing acceptance process
- Peace of Mind and Reduced Stigma during background checks
- Protection of Personal Information
- Enhanced Educational Opportunities
- Restoration of Firearm Rights
- Improved Professional Licensing acceptance process
Contact our expungement lawyers in Florida today and understand how to expunge a felony!
Why Felony Records Often Remain Unless Expunged?
Until a felony offense is expunged or sealed, it remains as a public criminal record indefinitely in the State of Florida. Some also believe that a felony record will automatically disappear after seven months or seven years. However, this is misleading information that might harm those trying to make informed decisions about their future.
To debunk the myth and gain a better understanding, read this detailed article.
How Much Does It Cost To Expunge A Felony in Florida?
Expunging a felony offense in Florida can entail variable expenses, ranging from $270 to over $2,500. If you hire a lawyer, typical attorney fees range from $749 to $2,500, excluding additional costs associated with the expungement procedure.
At Erase the Case, we provide a budget-friendly, all-encompassing flat fee of just $995. This fee covers every facet of the process, offering the fastest and most comprehensive service in Florida and peace of mind.
Also Read: How Much Does It Cost To Hire an Expungement Lawyer?
Erase Your Felony Arrest — Start With a Free Case Review
At Erase the Case, we specialize in felony offense expungement cases in Florida. Our legal team understands the legal system’s complexity and can lead you through every step of the expungement process.
Let us take the guesswork out of the process. We offer:
- Free case evaluation
- Flat-fee pricing
- Full representation in court (if required)
- 100% money-back guarantee if you’re found ineligible
We are dedicated expungement lawyers in Florida who help individuals like you regain control of their lives by erasing the past and building a brighter future. Contact us today for a free consultation to discuss your eligibility and how we can assist you.
Free Eligibility Test
Only takes 2 minutes to find out if you are eligible. Take our test now!
DO I QUALIFY?FAQs
Can All Felonies Be Expunged in Florida If the Case Was Dismissed?
Yes. Florida law allows you to expunge any felony charge—as long as the case was dismissed, dropped, or resulted in a not guilty verdict, and you meet all other statutory criteria.
Can You Expunge a Felony with a Withhold of Adjudication?
You cannot expunge it, but you might be eligible to seal it if all other legal criteria are met, including that your charge is not on the disqualifying list.
Can You Expunge Multiple Felony Charges in Florida?
Yes, it is possible to expunge multiple felony charges in Florida if they are related, but eligibility criteria must be met for each case. Consult with an expert attorney to assess your specific situation.
What Do Felons Lose in Florida?
Felons in Florida may lose specific civil rights – the right to vote or possess firearms. However, these rights can often be restored through legal processes or gubernatorial pardons.
Will expunging a felony remove it from all background checks?
Yes, once expunged, the record is no longer publicly available and can be lawfully denied in most circumstances, except to certain government agencies.
