Florida: Adult Non-Conviction Arrests (FL-NC-1)

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.

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

Yes, see statute

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See section 943.0584(2) for offenses ineligible for expungement, and for offenses ineligible for a certificate of eligibility for expunction.

Procedure General

The petition must be filed in court and accompanied by a certificate of eligibility for expungement. For the specific procedure, see Fla. Stat. § 943.0585.

Fees

There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4).

Effect

Record is confidential and not available to any person or entity except upon the order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6)(a). The person may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b).

Forms

A certificate of eligibility application form is available here.

Waiting Periods

The petition may be filed at any time.

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