Expungement / Record Sealing Petition and Eligibility Memo — Florida

Expungement / Record Sealing Petition and Eligibility Memo (Florida)

Quick-Reference Summary

Part A — Eligibility Memo

I. Statutory Framework

Florida record-clearing remedies are creatures of statute and are processed through a two-stage gatekeeping system involving both the Florida Department of Law Enforcement (FDLE) and the court of original jurisdiction.

§ 943.0585 — Court-Ordered Expunction. Available where (i) no indictment, information, or other charging document was filed, or (ii) such a charging document was filed but the case was dismissed, nolle prossed, acquitted, or terminated in petitioner's favor before adjudication of guilt. The petitioner must obtain an FDLE Certificate of Eligibility, file a petition with a sworn statement of eligibility, and obtain a court order. Other criminal justice agencies destroy or obliterate their records; FDLE must retain its record confidentially.

§ 943.059 — Court-Ordered Sealing. Available where the petitioner was not adjudicated guilty of the acts stemming from the target arrest or alleged criminal activity, has no prior adjudication of guilt for a criminal offense in Florida, and the record is not on the § 943.0584 ineligibility list. The procedure requires an FDLE certificate and a court petition accompanied by the petitioner’s sworn statement of eligibility (§ 943.059(3)(a)-(b)).

§ 943.0584 — Categorical Ineligibility. Enumerates offenses for which sealing or expunction is barred even where adjudication was withheld, including sex offenses (Ch. 794, § 800.04), child abuse (§ 827.03), domestic-violence acts (§§ 784.011, 784.03 between family/household members), aggravated assault and battery, stalking, kidnapping, robbery and home-invasion robbery, carjacking, burglary of a dwelling, manslaughter, murder, arson, drug trafficking (§ 893.135), terrorism (§ 775.30), and any offense triggering sex-offender or sexual-predator registration. The list is exhaustive and strict — courts have no equitable power to grant relief on an ineligible offense.

Related expunctions outside §§ 943.0585/.059: § 943.0581 (administrative expunction for wrongful arrest, processed by FDLE without a court order); § 943.0582 (diversion-program expunction of a minor’s nonjudicial arrest record); § 943.0583 (human trafficking victim expunction — does not consume the lifetime expunction); § 943.0578 (lawful self-defense expunction — added 2019; available where charges were not filed or were dismissed on a state-attorney/court finding of lawful self-defense under Ch. 776; requires an FDLE certificate of eligibility under § 943.0578(1)–(2)); and § 943.0595 (automatic sealing) — FDLE automatically seals eligible non-conviction records (no charging document, or dismissed/nolle-prossed/acquitted) that are not a forcible felony (§ 776.08) or a § 943.0435(1)(h)1.a.(I) offense, without any application (added ch. 2019-167; amended ch. 2023-189).

II. Eligible vs. Ineligible Offenses

III. Waiting Period Analysis

Florida's expunction/sealing statutes are atypical: there is no statutory waiting period measured from completion of supervision — the relief is keyed to the disposition itself, conditioned on the petitioner having (i) no prior adjudication of guilt in Florida, (ii) completed any court supervision applicable to the disposition, and (iii) no current pending charges.

The one exception is the seal-then-expunge track: where adjudication was withheld and the record was sealed under § 943.059, the petitioner may move to expunge after the record has been sealed for a minimum of 10 years (§ 943.0585(1)(h)).

Note that the FDLE Certificate of Eligibility is valid only 12 months from the date stamped on it. File the court petition with a valid certificate within that window. If the certificate expires before filing, reapply to FDLE for a new certificate and address the processing fee, unless waived by FDLE. The statute does not require a court ruling within 12 months.

IV. Subsequent-Conviction Bar

A prior adult adjudication of guilt in Florida bars relief under § 943.0585 or § 943.059; both sections also bar relief if the applicant was adjudicated guilty of an act stemming from the target arrest or alleged criminal activity. A "withhold of adjudication" on a different charge does not disqualify per se, but the lifetime one-time rule under § 943.0585(1)(g) bars a second sealing or expunction.

Juvenile adjudications of delinquency for a felony or for certain enumerated misdemeanors listed in § 943.0585(1)(d) and § 943.059(1)(b) (e.g., assault, battery, carrying concealed weapon, neglect of child, cruelty to animals) likewise disqualify unless the juvenile record has been expunged under § 943.0515.

V. Restitution and Outstanding Obligations

For dispositions involving court supervision (probation, drug court, deferred prosecution), the petitioner must be "no longer under court supervision applicable to the disposition" (§ 943.0585(1)(f)). FDLE will not issue a certificate of eligibility while supervision remains open. Outstanding restitution that has not been satisfied generally indicates that supervision has not closed; petitioners should obtain a discharge/termination order before applying.

VI. Effect of Expungement / Sealing

Expunction (§ 943.0585(6)). Other criminal justice agencies must destroy or obliterate their copies, while FDLE must retain its record confidentially; the FDLE record is unavailable except on order of a court of competent jurisdiction. The petitioner "may lawfully deny or fail to acknowledge the arrests covered by the expunged record" except in the circumstances listed in § 943.0585(6)(b), including certain criminal-justice, prosecution, bar-admission, employment, licensing, and screening contexts.

Sealing (§ 943.059(6)). The sealed record is confidential but remains available to the subject, counsel, criminal justice agencies for authorized purposes, judges for specified case work, and the licensing entities named in § 943.059(6)(a). A person may usually deny the arrest, subject to § 943.059(6)(b), which also requires disclosure when seeking a covered firearm purchase or concealed-weapon license. Those two exceptions do not appear in the expunction denial list under § 943.0585(6)(b). An expunged record retained by FDLE is generally available only by court order.

Firearms. A § 943.0585 expunction or § 943.059 sealing does not restore firearm rights lost under federal 18 U.S.C. § 922(g) where the underlying disposition was an adjudication of guilt (which would already disqualify the petitioner from these state remedies). For dispositions with adjudication withheld, federal firearm prohibitions generally do not apply. A federally licensed dealer's NICS check searches III, NCIC, and the NICS Indices; a criminal history record may surface and require research to determine whether a prohibition applies. A record match alone does not establish a firearm prohibition.

Immigration. Florida sealing or expunction does not erase a "conviction" under INA § 101(a)(48)(A) where the underlying disposition would otherwise qualify. Withholds of adjudication in Florida are generally treated as convictions for federal immigration purposes. Non-citizen petitioners must consult immigration counsel.

VII. Automatic-Relief Program

Florida has no automatic Clean Slate program for convictions or withhold-of-adjudication dispositions, but it does provide automatic sealing of certain non-conviction records:

• § 943.0595 automatic sealing — FDLE automatically seals a criminal history record that did not result from a charging document for a forcible felony (§ 776.08) or a § 943.0435(1)(h)1.a.(I) offense, where (i) no charging document was filed, (ii) it was dismissed or nolle prossed, (iii) a not-guilty verdict was rendered, or (iv) a judgment of acquittal was entered; the clerk transmits the disposition and FDLE seals the record without any application (no limit on number of times). It does not cover withhold-of-adjudication dispositions.
• § 943.0581 administrative expunction for wrongful arrest (no court order required; FDLE process where the arresting agency certifies the arrest was made contrary to law or by mistake).
• § 943.0515 generally expunges eligible juvenile records at age 21; for serious or habitual juvenile offenders and minors committed to a maximum-risk residential facility, the ordinary retention period runs to age 26, subject to the statute’s exceptions.
• Several legislative sessions have considered general Clean Slate proposals (most recently SB 626 / HB 195 in the 2023 and 2024 sessions); as of the date of this template, none has been enacted statewide.

Part B — Petition Template

Caption

In the [Circuit / County] Court of the [____] Judicial Circuit, In and For [____________________] County, Florida
Case No.: [________________________________]

PETITION TO ☐ EXPUNGE (Fla. Stat. § 943.0585) ☐ SEAL (Fla. Stat. § 943.059) CRIMINAL HISTORY RECORD

I. Petitioner Information

Name: [________________________________]
Aliases: [________________________________]
Date of Birth: [__/__/____]
Sex: [____] Race: [____]
FL Driver's License No.: [________________________________]
SSN (last 4): XXX-XX-[____]
Current Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
FDLE Certificate of Eligibility No.: [________________________________] Date Issued: [__/__/____]
(Certificate attached as Exhibit A)

II. Underlying Case Information

III. Eligibility Statement (Sworn)

Petitioner, under oath, states:

☐ Before applying for the FDLE certificate, Petitioner was never adjudicated guilty of a criminal offense in Florida and was not adjudicated delinquent in Florida for a felony or a misdemeanor listed in §§ 943.0585(1)(d) and 943.059(1)(b), unless that juvenile record was expunged under § 943.0515;
☐ Petitioner has not been adjudicated guilty of any act stemming from the arrest/criminal activity that is the subject of this Petition;
☐ Petitioner is no longer under any court supervision applicable to the disposition of the offense that is the subject of this Petition;
☐ Petitioner has never secured a prior sealing or expunction under §§ 943.0585, 943.059, former § 893.14, former § 901.33, or former § 943.058 (unless this Petition seeks expunction of a record sealed under § 943.059 for at least 10 years per § 943.0585(1)(h));
☐ This Petition does not seek to seal/expunge an offense excluded under § 943.0584;
☐ A valid Certificate of Eligibility from the FDLE is attached as Exhibit A and was issued within the past 12 months;
☐ [Sealing only:] Petitioner was not adjudicated guilty of, or adjudicated delinquent for, any act stemming from the arrest or alleged criminal activity to be sealed;
☐ [Expunction only:] No indictment/information was filed in the underlying case, OR the case was dismissed, nolle prossed, terminated in petitioner's favor, or resulted in acquittal.

IV. Statement of Grounds for Relief

Petitioner respectfully shows:

1. Petitioner satisfies every statutory requirement set forth in § 943.0585 (or § 943.059, as applicable) as confirmed by the FDLE Certificate of Eligibility (Exhibit A).
2. [Years] have elapsed since the disposition without further criminal-justice contact.
3. Petitioner has demonstrated rehabilitation through: [employment, education, treatment completion, family responsibilities, community involvement].
4. The continued public availability of the record imposes substantial hardship on Petitioner in [employment, housing, professional licensing, education, immigration].
5. The relief requested serves the rehabilitative purpose of Florida record-clearing law and is consistent with the public interest.

V. Service of Notice

VI. Requested Relief

WHEREFORE, Petitioner respectfully requests that this Court enter an Order:

☐ EXPUNGING the criminal history record pursuant to Fla. Stat. § 943.0585; directing criminal justice agencies other than FDLE to destroy or obliterate their copies; and directing FDLE to retain its record as confidential under § 943.0585(6)(a);
☐ SEALING the criminal history record pursuant to Fla. Stat. § 943.059 and directing FDLE and all listed agencies to seal the record from public dissemination;
☐ Directing the Clerk of Court to seal the court file;
☐ Directing the Clerk to transmit certified copies of this Order to FDLE, the State Attorney, the arresting agency, and any other agency with records of the arrest;
☐ Granting such other relief as the Court deems just.

Signature Block and Verification

STATE OF FLORIDA
COUNTY OF [____________________]

Petitioner, being first duly sworn, deposes and says that he/she has read the foregoing Petition and that the facts stated therein are true and correct.

[________________________________]
Petitioner

SWORN TO AND SUBSCRIBED before me by means of ☐ physical presence ☐ online notarization, this [__/__/____], by [________________________________], who is ☐ personally known to me ☐ produced [____________________] as identification.

[________________________________]
Notary Public, State of Florida
Commission No.: [____]
My Commission Expires: [__/__/____]

Submitted by:

[________________________________]
Attorney for Petitioner
Florida Bar No.: [____]
[Firm Name, Address, Telephone, Email]

Part C — Filing Checklist

☐ FDLE Application for Certificate of Eligibility completed (notarized) — https://www.fdle.state.fl.us/seal-and-expunge-process
☐ Written Certified Statement signed by the State Attorney / Statewide Prosecutor (expunction only) — page 2 of FDLE form
☐ Certified disposition obtained from the Clerk for every charge listed on the application
☐ Fingerprint card/form completed by law enforcement (with ORI/stamp)
☐ $75 FDLE application fee (nonrefundable; money order/cashier's check/personal check to FDLE) submitted
☐ FDLE Certificate of Eligibility issued and within 12-month validity window
☐ Petition prepared per Fla. R. Crim. P. 3.692 / 3.989
☐ Sworn statement of eligibility attached to an expunction petition (§ 943.0585(3)(b)) or a sealing petition (§ 943.059(3)(b)); check the current court form for the statement’s wording
☐ FDLE Certificate of Eligibility attached as Exhibit A
☐ Court filing fee paid OR fee waiver (indigency) granted
☐ Petition filed in court of original jurisdiction
☐ Service on State Attorney for the circuit of conviction
☐ Service on arresting agency
☐ Hearing date calendared (some courts grant on the papers; others require hearing)
☐ Proposed Order matches Fla. R. Crim. P. 3.989 form
☐ Post-grant: Certified copy of Order delivered to FDLE Seal and Expunge Section
☐ Post-grant: Certified copy delivered to arresting agency and Clerk
☐ Post-grant: Petitioner notifies known commercial background-check vendors and disputes continued reporting under 15 U.S.C. § 1681i

Sources and References

• Fla. Stat. § 943.0585 (expunction) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html
• Fla. Stat. § 943.059 (sealing) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html
• Fla. Stat. § 943.0584 (offenses ineligible) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0584.html
• FDLE Seal and Expunge Process — https://www.fdle.state.fl.us/seal-and-expunge-process
• FDLE Application for Certificate of Eligibility — https://www.fdle.state.fl.us/seal-and-expunge-process/certificate-of-eligibility-instructions
• FDLE Reasons for Denial — https://www.fdle.state.fl.us/seal-and-expunge-process/reasons-for-denial
• Fla. R. Crim. P. 3.692 (procedure) and 3.989 (affidavit and order forms) — https://www.floridabar.org
• Fla. Admin. Code Ch. 11C-7 — FDLE rules