A misdemeanor is a type of criminal offense that, while less severe than a felony , can still leave enduring marks on your criminal record. In Florida, individuals with a misdemeanor charge may have their record expunged or sealed only if the case does not result in a conviction, or the adjudication was withheld. However, other eligibility requirements must be met, such as the charges not involving a disqualifying offense, or the case must be closed.
Can Misdemeanors Be Expunged in Florida?
In Florida, misdemeanors can be expunged if the charge was dropped, dismissed, or resulted in an acquittal. To qualify, you must meet certain eligibility requirements outlined in Florida Statutes 943.0585, such as having no prior convictions and no other expunged or sealed cases. If you received a withhold of adjudication, you may still be eligible for record sealing, which provides similar privacy protections. You can apply for misdemeanor expungement on your own, or you can hire a Florida expungement attorney to help expedite the process and provide you with peace of mind.
Eligibility Requirements for Expunging a Misdemeanor
You can actually get a misdemeanor expunged if certain eligibility criteria are met. Some include:
1. The Case Must Have Been Dismissed
You can seek expungement of a misdemeanor if the charges were dropped, you were found not guilty, or you completed a diversion program with charges dismissed. If you were adjudicated guilty, you cannot expunge the record, but sealing may be possible if adjudication was withheld.
2. No Prior Convictions or Adjudications of Guilt
You must not have any prior convictions—felony or misdemeanor—in Florida or any other state. Additionally, you cannot have previously had a criminal record sealed or expunged in Florida.
3. You Have Not Previously Sealed or Expunged a Record in Florida
Florida law only allows one sealing or expungement in a lifetime (with few exceptions). If you have previously expunged or sealed another offense, you will likely be ineligible.
4. Your Offense Is Not Disqualified by Statute
Certain misdemeanor offenses—such as those involving domestic violence, stalking, or sexual misconduct—may be disqualified from expungement under Florida law, even if dismissed.
5. You Have Obtained a Certificate of Eligibility from FDLE
Before filing your petition in court, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). The application process includes:
- Submitting a completed application form
- Fingerprints
- A certified copy of the case disposition
- A processing fee
- The FDLE will verify your eligibility based on your criminal history and case details.
Sometimes, you can only seal but not expunge your misdemeanor record because the case results in a withheld adjudication. In order to know whether you are eligible for expunging or sealing a misdemeanor offense, check this Detailed List of Florida Expungement Eligibility Requirements.
Take Our Free Eligibility Test
Which Misdemeanors Can Be Expunged in Florida
If your misdemeanor case was dropped, dismissed, found not guilty, or if you received a withhold of adjudication, you may be eligible for expungement or sealing, depending on the charge.
Some common examples include:
- Possession of Cannabis (Under 20 Grams)
Frequently charged as a first-degree misdemeanor prior to changes in local enforcement. - Petit Theft / Retail Theft
Shoplifting items valued under $750 — commonly charged and often dropped for first-time offenders. - Trespassing (Unoccupied Structure)
Typically, a second-degree misdemeanor, often resolved without conviction. - Disorderly Conduct
Often charged in public disturbance or bar-related incidents, cases are often dismissed. - Resisting an Officer Without Violence
A nonviolent obstruction charge is often tied to underlying issues like mistaken identity or over-policing.
💡 Note: Some misdemeanors are excluded from expungement or sealing depending on the nature of the offense (such as domestic violence, DUI, or sexual misconduct). Always review the official list of disqualifying offenses or take our free eligibility test to confirm.
How To Get a Misdemeanor Expunged in Florida
To expunge a misdemeanor in Florida, you first need to apply for a Certificate of Eligibility and then submit it to the Florida Department of Law Enforcement (FDLE) to obtain the court-ordered expungement document. Here is a step-by-step guide to get a misdemeanor expunged in Florida:
Step 1: Determine Eligibility
Before proceeding, ensure that you meet the eligibility criteria for misdemeanor expungement. Typically, you must have completed your sentence, including probation or parole, and have no pending criminal charges.
Take our free eligibility test to know if you are eligible to expunge a misdemeanor record. Only 2 minutes to know the result.
Step 2: Gather Required Documents
Collect all necessary documents, including your criminal record, case information, and supporting evidence demonstrating your eligibility.
Step 3: Complete and Submit FDLE Application
Fill in the application for expungement and notarize the same.
Send the application and the required documents to the State Attorney’s Office through personal service or mail.
Send the same to FDLE.
Step 4: Wait for the issuance of the Certificate of Eligibility
Upon approval of the FDLE of your application, they will issue a Certificate of Eligibility and furnish you with the same.
Step 5: File the Petition
Submit a petition for expungement to the appropriate court in Florida. This petition should include all required documentation, a Certificate of Eligibility, and a filing fee.
Send copies to the State Attorney’s Office in the same county.
Step 6: State Attorney’s Response
The State Attorney’s Office will respond, and a court hearing may be required in cases of objections.
Step 7: Attend a Hearing (if there are objections)
A judge may schedule a hearing to review your misdemeanor expungement request. You may need to present your case and explain why your misdemeanor should be expunged.
Step 8: Receive order (if no objections)
If there are no objections, the Clerk will send the necessary documents to the court. This typically leads to issuing a signed Order Expunging the Record within a matter of weeks, which will be sent to you by mail.
Step 9: Follow-Up Steps
After a successful expungement, ensure that all relevant agencies and organizations update their records to reflect the expungement. This may include law enforcement agencies, courts, and background check providers.
Expunging a misdemeanor record can be complicated and stressful if you don’t get it right in the first place. In order to give you a more in-depth view of expungement in Florida, it is suggested to read our Complete Guide to Get Your Record Expunged in Florida
Will A Misdemeanor Ever Go Away in Florida?
Unfortunately, in Florida, a misdemeanor remains on your criminal record permanently unless you have it expunged or sealed. There is no specific expiration date for misdemeanors, unlike some traffic citations. This means that even a minor offense from long ago can show up on background checks and cause problems securing employment, housing, or professional licenses. There is also a myth that says a misdemeanor will disappear after 7 years in Florida. However, this is a misconception that creates confusion for those who are seeking misdemeanor expungement.
To debunk this myth, explore this article: How Long Does a Misdemeanor Stay on Your Record?
How A Misdemeanor Affects Your Life, If Not Expunged
A misdemeanor record can have serious consequences that affect many aspects of your life. These repercussions may include difficulties in finding employment, obtaining housing, and maintaining relationships, as well as potential legal penalties like fines or probation.
- Employment Opportunities: Without a doubt, employers typically conduct background checks before hiring employees. Having a misdemeanor on your record can make securing certain job positions challenging, especially those involving trust or handling sensitive information.
- Housing: Landlords often consider an applicant’s criminal history when renting out property. A misdemeanor can lead to rejection or limitations in housing options. If this is your problem, ask us about our Attorney Legal Case Analysis Letters.
- Professional Licensing: Certain professions and licenses require a clean criminal record. A misdemeanor may disqualify you from obtaining these licenses, impacting your career prospects. If this is your problem, ask us about our Attorney Legal Case Analysis Letters.
- Immigration Status: Non-US citizens with misdemeanor convictions may face immigration consequences, including deportation or denial of visa applications.
- Personal Reputation: A misdemeanor can tarnish your reputation and relationships, causing embarrassment and distress. If it is on the internet, people will find it.
How Long Does it Take to Expunge a Misdemeanor in Florida?
On average, most lawyers take upwards of 5 to 7 months or longer. Most importantly, because you can only expunge your misdemeanor once means you only choose one lawyer without the opportunity to later compare a better service, so choose wisely!
But, with Erase the Case , completion takes only three to five months from beginning to end, including verifying eligibility, filing the petition, conducting background checks, and resolving matters in court.
FAQs
Can you expunge a misdemeanor in Florida?
Yes, expunging a misdemeanor in Florida is possible if you are eligible and follow the necessary legal procedures.
Does a misdemeanor stay on your record in Florida?
Unless it is expunged or sealed, a conviction for a misdemeanor will remain on your criminal record in Florida, potentially affecting your life in various ways.
Can you expunge a misdemeanor DUI in Florida?
So, can you get a misdemeanor off your record? Expunging a misdemeanor DUI in Florida may be possible, but it depends on your case and eligibility. Consulting with legal professionals, such as Erasethecase, can help you determine the viability of expungement in your situation.
