Florida: Adult Non-Conviction Arrests (FL-NC-3)

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.

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

Seal

Ineligible Category or Citation

See Fla. Stat. § 943.059

Procedure General

The petition must be filed in court and accompanied by a certificate of eligibility for sealing. For the specific procedure, see Fla. Stat. § 943.059.

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

The record is confidential and available only pursuant to section 943.059(6)(a). The person can lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(a).

Forms

A certificate of eligibility application form is available here.

Waiting Periods

The petition may be filed at any time.

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