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Florida
Adult Criminal Record Clearance Overview
Adult criminal records for cases in which you were convicted because you were a victim of human trafficking can be expunged immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- With certain exceptions, if you successfully completed a pretrial drug treatment program and your case was dismissed, the record can be expunged immediately.
- With certain exceptions, if you successfully completed a pretrial veterans’ treatment program and your case was dismissed, the record can be expunged immediately.
Adult criminal records for arrests for which you were never convicted are eligible for expungement in some situations.
- If you were arrested based on a mistake or without a legal reason, the law enforcement record can be expunged. You have to file a written application with the Department of Law Enforcement to start the process. If you meet the criteria, the agency has to grant your petition.
- With certain exceptions, if you were arrested but not convicted, the record can be expunged after you get a certificate of eligibility. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- If your case ended in acquittal, declined prosecution, or the expiration of the limitations period without an action being commenced, the record should be automatically sealed by the Criminal Justice Information Program.
- If your case was dismissed or you were never charged because you acted in lawful self-defense, your record can be expunged after you get a certificate of eligibility. You have to file a petition in court to start the process, and your petition should include a statement from the prosecutor that you acted in lawful self-defense.
- Your criminal history record will be automatically sealed when an indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
- Your criminal history record will be automatically sealed if the case was dismissed or nolle prosequi, unless the dismissal was pursuant to Fla. Stat. § 916.145 or Fla. Stat. § 985.19. This applies in cases where a charging document was filed.
- Your criminal history record will be automatically sealed if a verdict of not guilty or a judgment of acquittal was rendered by a judge or jury.
Adult Criminal Record Clearance Policies
Convictions
Records relating to offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583.
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Diversion/Deferral Program
Records relating to a case dismissed after the successful completion of pretrial substance abuse education and treatment intervention program pursuant to section 948.08(6) for a nonviolent felony can be expunged by the court. Fla. Stat. § 948.08(6)(d).
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Records relating to a case dismissed after successful completion of a pretrial veterans' treatment intervention program pursuant to section 948.08(7) for a felony offense can be expunged by the court. Fla. Stat. § 948.08(7)(b).
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Records relating to a case dismissed after successful completion of a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1) can be expunged by the court. Fla. Stat. § 948.16(1)(b).
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Records relating to a case dismissed after the successful completion of a misdemeanor pretrial veterans' treatment intervention program pursuant to section 948.16(2) can be expunged by the court. Fla. Stat. § 948.16(2).
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Factual Innocence
Non-judicial records of an arrest made contrary to law or by mistake will be administratively expunged by the Department of Law Enforcement upon application, so long as the application is supported by the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred. Fla. Stat. § 943.0581, 11C-7.008, F.A.C.
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Non-Conviction Arrests
Records relating to a single arrest or more than one arrest, if the additional arrests directly relate to the original arrest not resulting in conviction can be expunged by the court, so long as the person meets the specific criteria and submits a valid certificate of eligibility for expungement. Fla. Stat. § 943.0585.
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Records relating to a single arrest or more than one arrest, if the additional arrests directly relate to the original arrest not resulting in conviction can be sealed by the court, so long as the person meets the specific criteria and submits a valid certificate of eligibility for sealing. Fla. Stat. § 943.059.
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Records of a case that did not end with a conviction can be expunged by the court 10 years after a court order sealed the record. Fla. Stat. § 943.0585(2)(h).
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Records of arrest or charges for offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583.
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A criminal history record will be automatically sealed when an indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(1).
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A criminal history record will be automatically sealed if the case was dismissed or nolle prosequi, unless the dismissal was pursuant to Fla. Stat. § 916.145 or Fla. Stat. § 985.19. This applies in cases where a charging document was filed. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(2).
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A criminal history record will be automatically sealed if a verdict of not guilty or a judgment of acquittal was rendered by a judge or jury. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(3),(4).
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed or expunged in Florida. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview
Some juvenile records can be sealed.
- If you were never charged or if your charges were dismissed (you were not adjudicated or found guilty), your record can be sealed at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
Some juvenile records can be expunged.
- If your case was dismissed (you were not adjudicated or found guilty), your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
- If you were classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility, your criminal history record should be automatically expunged when you turn 26. You should not have to do anything to get your record expunged.
- Your law enforcement record should be automatically expunged when you turn 21. You should not have to do anything to get your record expunged. You can submit a request to the Florida Department of Law Enforcement to have your record from before you turned 18 expunged before you are 21, but it is up to the Department whether or not to grant your request.
- If your record is because you were a victim of human trafficking, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
You may not be eligible for sealing or expungement if you have certain convictions or adjudications on your record.
Find a Lawyer
If you think you might be eligible to have your record sealed or expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Court Forms and Resources
If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.
Juvenile Record Clearance Policies
Court Records and Law Enforcement Records
Records relating to charges that were dismissed can be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059.
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Records relating to an arrest or filing of charges for an offense committed while the person was a victim of human trafficking can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0583.
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Records relating to dismissed charges can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585(1)(b).
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Records relating to charges dismissed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578.
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Law Enforcement Records
A criminal history record relating to arrests or law enforcement interaction for alleged offenses for which charges were not filed may be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059(1)(c).
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The criminal history record relating to an arrest or other law enforcement interaction for which charges were not filed may be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585.
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The criminal history record relating to charges not filed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578.
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A record relating to a minor who has successfully completed a diversion program can be expunged upon application to the Florida Department of Law Enforcement, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0582(1).
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A criminal history record of a minor can be expunged upon application to the Florida Department of Law Enforcement before the minor reaches 21 years of age. Fla. Stat. § 943.0515(1)(b)(2).
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A record of a minor classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison will be automatically expunged when the person reaches 26 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(a).
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A criminal history record of a minor will be automatically expunged when the person reaches 21 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(b)(1).
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A record of an arrest of a minor made contrary to law or by mistake can be expunged upon application to the Florida Department of Law Enforcement. Fla. Stat. § 943.0581, 11C-7.008(1), F.A.C.
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
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