Florida: Adult Conviction Expungement and Record-Sealing Eligibility

Requirements one by one

Relief name and legal effect

Florida's general court-ordered sealing and expunction routes are not adult-
conviction remedies. Fla. Stat. § 943.059(1) and § 943.0585(1) require that the
person never have been adjudicated guilty and that the case being cleared not
have produced an adjudication of guilt.

Section 943.0583 is the narrow conviction exception. If the court expunges a
qualifying offense connected to human trafficking, subsection (3) deems the
conviction vacated because of a substantive defect in the underlying criminal
proceeding. That is both record expunction and conviction vacatur, not merely
removal from ordinary public search.

Convictions eligible by petition

The petitioner must have been a trafficking victim, and the offense must have
been committed or reported while the person was a victim and as part of the
trafficking scheme or at an operator's direction. The statute says the case's
disposition does not control, so this narrow route can reach a conviction.

It does not reach an offense listed in § 775.084(1)(b)1. The ordinary sealing
and expunction statutes remain unavailable when the target case resulted in an
adjudication of guilt.

Waiting period and when it starts

Florida supplies no one-, three-, or five-year clock for the trafficking
petition. Section 943.0583(4) instead requires due diligence after the person
ceases to be a trafficking victim or seeks victim services. The statute allows
reasonable safety concerns affecting the victim, family members, or other
victims to inform that timing.

Petition process and decision standard

Under § 943.0583(2), the petition may be filed in a court in the circuit of
arrest that has jurisdiction over the class of offense. The clerk may not
charge a filing, service, copy, or other fee, and multiple eligible cases are
treated as one petition. Fla. Stat. § 943.0583(7) requires service on the
prosecutor and arresting agency; either may respond.

Relief remains discretionary. Section 943.0583(3) states a preponderance
standard, while subsection (5) says official victim-status documentation
creates a presumption and that a determination without such documentation
requires clear and convincing evidence. Official documentation helps, but the
statute says it is not required.

Who can still see or use the record

Criminal-justice agencies must physically destroy or obliterate an expunged
record, except FDLE must retain its copy. The retained record is confidential,
but remains available to criminal-justice agencies, government agencies making
firearm-purchase, possession, or concealed-carry eligibility decisions, and
under a court order.

The person generally may deny or omit the arrests covered by the expunged
record. The statute preserves disclosure when the person seeks criminal-
justice-agency employment or is a defendant in a criminal prosecution.

What trips people up

A withheld adjudication is not the same as an adjudicated conviction. A
standard Florida seal or expunction may be available for some records without
an adjudication of guilt, but that does not create a general method for clearing
a conviction.

The trafficking connection is the eligibility gate. Section 943.0583 does
not clear a conviction merely because the petitioner was a trafficking victim
at some point. The target offense must have been part of the trafficking scheme
or committed at an operator's direction.

Expunction does not mean every copy disappears. FDLE keeps a confidential
record, and the statute preserves the government access described above.

Common questions

Can an ordinary misdemeanor conviction be sealed after enough time? Not
under the current general sealing statute. The 2026 proposals that would have
allowed specified adjudicated misdemeanors did not become law.

Does automatic sealing clear a conviction? No. Fla. Stat. § 943.0595(2)
limits automatic sealing to specified no-file, dismissal, not-guilty, and
acquittal dispositions.

Does the trafficking petition require an FDLE certificate of eligibility?
Section 943.0583 lists its own petition requirements and does not impose the
certificate required by the ordinary § 943.0585 expunction route.

Must the petitioner have official proof of trafficking victim status? No.
Official documentation creates a presumption, but the statute permits relief
without it under the stated clear-and-convincing-evidence rule.

Statutes and sources

• Fla. Stat. §§ 943.0585(1), 943.059(1), and 943.0595(2) — ordinary
  expunction, sealing, and automatic-sealing eligibility boundaries.
  https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html
  https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html
  https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0595.html
  (accessed 2026-07-19)
• Fla. Stat. § 943.0583 — trafficking-victim conviction expunction and
  vacatur, timing, proof, procedure, record treatment, and retained access.
  https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0583.html
  (accessed 2026-07-19)