Florida Expungement Laws: Seal vs. Expunge, FDLE Certificate of Eligibility, and Eligibility Rules (2026)
Florida Expungement Laws: Seal vs. Expunge, FDLE Certificate of Eligibility, and Eligibility Rules
Florida gives eligible residents two legal tools to limit public access to criminal history records: sealing under Fla. Stat. § 943.059 and full expungement under § 943.0585, both administered through the Florida Department of Law Enforcement (FDLE), which must issue a Certificate of Eligibility before any court can act.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This page covers Florida state law only. For a 50-state overview see Expungement Laws by State.
Sealing vs. Expungement: Two Separate Tracks
Florida law draws a clear line between sealing a record and expunging it, and the difference matters. Under Fla. Stat. § 943.059, sealing makes a criminal history record confidential and exempt from public disclosure. The record still exists in FDLE's system, and a defined set of government agencies retains full access to it. Under Fla. Stat. § 943.0585, expungement goes further: the court orders the record physically destroyed or obliterated by all agencies that received notice of the expunction. FDLE retains a confidential copy, but that copy is unavailable to the public and most licensing bodies. For sealed records, entitled agencies see the arrest event plus a notation that the record is sealed. For expunged records, those same agencies receive only demographic information and a notation that records have been expunged, without seeing the underlying arrest, charges, or disposition. Sealing is available to a broader population because it covers cases where adjudication was withheld, while expungement generally requires that no conviction occurred and that charges were dismissed, that no charging document was filed, or that a not-guilty verdict or acquittal was entered on all counts.
Key statutes: Fla. Stat. § 943.059 (sealing); Fla. Stat. § 943.0585 (expungement).
Who Qualifies: Core Eligibility Rules
To qualify for either court-ordered sealing or expungement, an applicant must meet several requirements set out in the relevant statute and cross-referenced in § 943.0584. First, the applicant must never have been adjudicated guilty of any felony or of certain specified misdemeanors in any jurisdiction. Second, the applicant must not have been adjudicated guilty in connection with the specific arrest at issue. Third, the applicant must no longer be under any court supervision, including probation, community control, or any court-ordered condition, arising from that arrest. Fourth, the person must never have previously had a criminal history record sealed or expunged under Florida law, with one limited exception: a record that was sealed at least 10 years ago may qualify for expungement if it is otherwise eligible under § 943.0585. The 10-year clock on a sealed record applies specifically to cases where adjudication was withheld or where all charges were not dismissed before trial. For expungement, the underlying case must also have ended without any conviction: charges were not filed, were dismissed or nolle prossed, or resulted in acquittal or a not-guilty verdict on all counts.
Key statutes: Fla. Stat. § 943.0585(1); Fla. Stat. § 943.059(1); Fla. Stat. § 943.0584.
Disqualifying Offenses Under § 943.0584
A conviction for any offense listed in § 943.0584 permanently bars sealing or expungement of any criminal record, not just the record for that offense. The disqualifying list is long and includes: murder and manslaughter (§§ 782.04, 782.065, 782.07, 782.071, 782.072); terrorism (§ 775.30); sexual offenses under Chapter 794; lewd or lascivious offenses involving persons under 16 (§ 800.04); human trafficking (§ 787.06); kidnapping and false imprisonment (§§ 787.01, 787.02); robbery, carjacking, and home-invasion robbery (§§ 812.13, 812.131, 812.133, 812.135); stalking and aggravated stalking (§ 784.048); aggravated assault and aggravated battery (§§ 784.021, 784.045); domestic battery by strangulation (§ 784.041); arson (§ 806.01); burglary of a dwelling (§ 810.02); voyeurism and digital voyeurism (§§ 810.14, 810.145); drug trafficking (§ 893.135); manufacturing controlled substances under Chapter 893; child abuse and aggravated child abuse (§ 827.03); sexual performance by a child (§ 827.071); selling or buying minors (§ 847.0145); aircraft piracy (§ 860.16); and all offenses that qualify a person as a sexual predator or sexual offender under §§ 775.21 and 943.0435. This list is not exhaustive. Even an arrest that ended without conviction is ineligible for sealing or expungement if the applicant has any prior conviction in the listed categories.
Key statute: Fla. Stat. § 943.0584.
The FDLE Certificate of Eligibility: Step-by-Step
Neither sealing nor expungement can proceed without a Certificate of Eligibility issued by FDLE. The certificate confirms statutory eligibility but does not guarantee that the court will grant relief. The process requires the following steps.
Step 1 - Obtain and complete the application. Download the application from FDLE's website or request it by email at SEinfo@fdle.state.fl.us. The form must be signed and dated before a notary public and must include your full name, date of birth, race, sex, mailing and permanent addresses, arresting agency, date of arrest, and the charges.
Step 2 - Gather required documents. You will need a certified copy of the case disposition from the clerk of court in the county where the case was heard. If you completed probation, include documentation of termination. Pre-trial intervention completion certificates are accepted in lieu of a disposition copy.
Step 3 - State attorney certification (expungement only). For expungement applications under § 943.0585, the state attorney or statewide prosecutor must complete and sign a written certification page included in the application.
Step 4 - Obtain a fingerprint card. A law enforcement official must take your fingerprints and stamp the card with the agency's ORI number.
Step 5 - Submit the packet with the $75 fee. FDLE charges a nonrefundable $75 processing fee payable by money order, cashier's check, or personal check. Cash, gift cards, and temporary checks are not accepted.
Step 6 - Wait for FDLE review. Current processing time is over 12 weeks from receipt of a complete packet. FDLE does not expedite applications.
Step 7 - File the court petition. Once you receive the Certificate of Eligibility (valid for 12 months), file a petition with the court that handled the original case. The petition must include the certificate and a sworn statement attesting to eligibility. The state attorney and arresting agency are served and may object. The court has discretion to deny even an otherwise eligible petition.
Key statutes: Fla. Stat. § 943.0585(2); Fla. Stat. § 943.059(2); FDLE Seal and Expunge Process (fdle.state.fl.us/seal-and-expunge-process).
Automatic Sealing Under § 943.0595
Florida's 2019 automatic sealing law, amended in 2023, creates a separate track that requires no application from the person arrested. Under § 943.0595, when a case ends with no charges filed, dismissal or nolle prosequi on all counts, a not-guilty verdict on all counts, or a judgment of acquittal on all counts, the clerk of court transmits the disposition electronically to FDLE, which then seals the record automatically. No application, no fee, and no court petition are required. Automatic sealing is not available for cases involving forcible felonies as defined in § 776.08 or for offenses listed in § 943.0435(1)(h)1.a.(I). An important limitation: automatic sealing through § 943.0595 covers the FDLE criminal history record but does not seal records held by local agencies such as county sheriff offices or municipal police departments. There is no lifetime limit on the number of records that qualify for automatic sealing. A record automatically sealed under this section is still subject to the one-lifetime cap if the person later seeks a court-ordered expungement under § 943.0585 for a different arrest.
Key statute: Fla. Stat. § 943.0595 (effective 2019, amended 2023).
Special Expungement Tracks
Florida recognizes several situations where standard eligibility rules do not apply.
Human trafficking victims (§ 943.0583). A person who was a victim of human trafficking may petition to expunge any record arising from an offense committed as part of the trafficking scheme. The applicant need not meet the standard eligibility criteria under § 943.0585.
Lawful self-defense (§ 943.0578). When a prosecutor certifies in writing that charges were not filed or were dismissed because the person acted in lawful self-defense under Chapter 776, the person may apply directly to FDLE for a Certificate of Eligibility for expungement without meeting standard requirements.
Juvenile diversion (§ 943.0582). A minor who successfully completed an authorized diversion program for a misdemeanor or for a felony that is neither a forcible felony nor a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon, and who has no other criminal record, may apply for expungement of the diversion arrest without a court petition.
Administrative expungement for unlawful arrests (§ 943.0581). A person arrested contrary to law or by mistake may apply directly to FDLE for administrative expungement, which does not require a court order.
Key statutes: Fla. Stat. §§ 943.0578, 943.0581, 943.0582, 943.0583.
Disclaimer: This page describes Florida expungement and sealing law as of May 29, 2026. It is not legal advice. Laws change, individual circumstances vary, and the court retains discretion to deny any petition. Consult a licensed Florida attorney before taking any action based on this information.
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Sources
The statutes and agency materials cited in this article are drawn from the Florida Legislature's official online statutes portal and the Florida Department of Law Enforcement's Seal and Expunge Process pages.
- Florida Statute § 943.0585 - Court-Ordered Expunction of Criminal History Records: flsenate.gov/Laws/Statutes/2025/943.0585
- Florida Statute § 943.059 - Court-Ordered Sealing of Criminal History Records: leg.state.fl.us
- Florida Statute § 943.0584 - Disqualifying Offenses: flsenate.gov/Laws/Statutes/2025/943.0584
- Florida Statute § 943.0595 - Automatic Sealing: flsenate.gov/Laws/Statutes/2025/943.0595
- Florida Statute § 943.0578 - Lawful Self-Defense Expungement: flsenate.gov/Laws/Statutes/2025/943.0578
- Florida Statute § 943.0583 - Human Trafficking Expungement: flsenate.gov/Laws/Statutes/2025/943.0583
- Florida Statute § 943.0582 - Juvenile Diversion Expungement: flsenate.gov/Laws/Statutes/2025/943.0582
- Florida Statute § 943.0581 - Administrative Expungement: flsenate.gov/Laws/Statutes/2025/943.0581
- FDLE Seal and Expunge Process: fdle.state.fl.us/seal-and-expunge-process
- FDLE Certificate of Eligibility Instructions: fdle.state.fl.us/seal-and-expunge-process/certificate-of-eligibility-instructions
- FDLE Frequently Asked Questions: fdle.state.fl.us/seal-and-expunge-process/frequently-asked-questions
- FDLE Entities Entitled to Access Sealed and Expunged Records: fdle.state.fl.us/seal-and-expunge-process/entitled-agencies
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It?
- How to Check If Your Record Has Been Expunged
Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.