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Florida Expungement Laws: Seal vs. Expunge, FDLE Certificate of Eligibility, and Eligibility Rules (2026)

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

Florida Expungement Laws: Seal vs. Expunge, FDLE Certificate of Eligibility, and Eligibility Rules (2026)

Frequently Asked Questions

How do you expunge your record in Florida?

You must first apply to FDLE for a Certificate of Eligibility ($75 fee, over 12 weeks processing). For expungement under Fla. Stat. § 943.0585, the state attorney must also sign a certification that your case ended without conviction. Once you have the certificate, file a sworn petition with the court that handled your case, serve the state attorney and arresting agency, and await a hearing. The court may grant or deny the petition even if FDLE confirmed eligibility.

What is the difference between sealing and expunging a record in Florida?

Sealing under § 943.059 makes a record confidential but leaves it in FDLE's system; government agencies listed in the statute can still access the full record. Expungement under § 943.0585 goes further: most agencies must physically destroy or obliterate their copies, and entitled agencies receive only demographic information and a notation that a record was expunged, without seeing the underlying arrest or charges. Sealing covers a broader set of outcomes, including adjudication-withheld cases that are not eligible for expungement.

What is the FDLE Certificate of Eligibility and why is it required?

The Certificate of Eligibility is a document issued by the Florida Department of Law Enforcement confirming that your record meets the statutory requirements for court-ordered sealing or expungement. Neither § 943.059 nor § 943.0585 allows a court to grant relief without a valid certificate. It costs $75, requires notarized application forms, a certified disposition, a fingerprint card, and for expungements, a state attorney certification. The certificate is valid for 12 months from issue.

Can a felony be expunged in Florida?

A felony charge that was dismissed, not prosecuted, or that resulted in acquittal or a not-guilty verdict may be eligible for expungement under § 943.0585, as long as you were not adjudicated guilty and the offense is not in the disqualifying list under § 943.0584. A felony conviction, meaning a case where you were adjudicated guilty, makes you ineligible for both sealing and expungement of any record. Many serious felony offense categories permanently disqualify a person from relief even if there was no conviction.

How long does Florida expungement take?

The FDLE certificate step alone currently takes more than 12 weeks from receipt of a complete packet. After receiving the certificate, you must file a court petition, serve all parties, and schedule a hearing. Total time from application to final court order typically ranges from six months to over a year depending on court scheduling in your county.

Does Florida have automatic expungement?

Florida does not have automatic expungement. However, § 943.0595 provides for automatic sealing of FDLE criminal history records when a case ends with no charges filed, dismissal, not-guilty verdict, or acquittal on all counts for offenses that are not forcible felonies. The clerk of court transmits the disposition to FDLE, which seals the record without any action by the arrested person. This automatic sealing does not cover records held by local law enforcement agencies.

Can you seal a record and then later expunge it in Florida?

Yes, under a narrow exception in § 943.0585. If your record was court-ordered sealed under § 943.059 and at least 10 years have passed, and the record is otherwise eligible for expungement, you may petition to expunge it. This exception applies specifically to cases where adjudication was withheld or where charges were not dismissed before trial. The one-lifetime limit still applies, so this is your single court-ordered action.

What offenses permanently disqualify you from expungement in Florida?

Florida Statute § 943.0584 lists dozens of offense categories that permanently bar relief, including murder, manslaughter, terrorism, all sexual offenses under Chapter 794, lewd offenses involving persons under 16, human trafficking, kidnapping, robbery, carjacking, home-invasion robbery, stalking, aggravated assault and battery, domestic battery by strangulation, arson, burglary of a dwelling, voyeurism, drug trafficking, child abuse, and all offenses triggering sexual predator or sexual offender registration. A conviction for any listed offense permanently disqualifies that specific record from relief. A separate, broader rule (§§ 943.0585(1)(d), 943.059(1)(b)) bars anyone who has ever been adjudicated guilty of any criminal offense, felony or misdemeanor, listed or not, from sealing or expunging any other record, including one from a completely separate arrest.

Updates

Updated this page to reflect Florida Chapter 2026-114 (effective July 1, 2026), which added a new exception letting the Care Provider Background Screening Clearinghouse see expunged or sealed records when screening someone for work with vulnerable populations, and refreshed the statute citation to the current 2026 text.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected who § 943.0584 actually disqualifies: the statute bars relief only for the specific listed-offense conviction itself, not automatically every other record a person has; the broader lifetime bar for any felony adjudication comes from a different statute.

Corrected the scope of Florida's lifetime adjudication-of-guilt bar: it applies to any criminal offense (felony or misdemeanor) under §§ 943.0585(1)(d) and 943.059(1)(b), not just felonies; the felony-only limitation applies to a separate juvenile-delinquency clause.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Florida Statute 943.0585 Court-Ordered Expunction(flsenate.gov)
  2. Florida Statute 943.059 Court-Ordered Sealing(leg.state.fl.us)
  3. Florida Statute 943.0584 Disqualifying Offenses(flsenate.gov)
  4. Florida Statute 943.0595 Automatic Sealing(flsenate.gov)
  5. Florida Statute 943.0578 Lawful Self-Defense Expungement(flsenate.gov)
  6. Florida Statute 943.0583 Human Trafficking Expungement(flsenate.gov)
  7. Florida Statute 943.0582 Juvenile Diversion Expungement(flsenate.gov)
  8. Florida Statute 943.0581 Administrative Expungement(flsenate.gov)
  9. FDLE Seal and Expunge Process(fdle.state.fl.us)
  10. FDLE Certificate of Eligibility Instructions(fdle.state.fl.us)
  11. FDLE Frequently Asked Questions(fdle.state.fl.us)
  12. FDLE Entities Entitled to Access Sealed and Expunged Records(fdle.state.fl.us)
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