Seal and Expunge Process

May 2017 applications are currently being processed.

Florida law, Section 943.053, Florida Statutes, makes adult criminal history records public, with special provisions for access, unless the record has been sealed or expunged. A sealed record is placed under highly restricted access.  An expunged record is removed from record systems or files and destroyed (also called expunction). The law currently provides several means to seal or expunge certain categories of Florida criminal history records (both adult and juvenile). The records may include arrests, charges and case dispositions. The types of sealing or expungement processes authorized by statute are listed below:
 

  • Administrative Expungement – Per Section 943.0581, Florida Statutes, and Rule 11C-7.008, Florida Administrative Code, an arrest (adult or juvenile) made contrary to law or by mistake may be expunged by applying to FDLE, in one of the ways provided in statute and rule.

  • Court-Ordered Sealing or ExpungementPer Section 943.059, Section 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code, a person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his or her criminal history record. This is a required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a certificate of eligibility, FDLE determines if the applicant is statutorily eligible to petition the court to have his or her Florida criminal history record sealed or expunged. For information on how to apply for a Certificate of Eligibility, click here.

  • Juvenile Diversion Expungement Per Section 943.0582, Florida Statutes, and Rule 11C-7.009, Florida Administrative Code, a person who has completed an authorized juvenile prearrest or postarrest diversion program for a non-violent misdemeanor not involving domestic violence, may apply for a juvenile diversion expungement, as defined. For information on how to apply for Juvenile Diversion Expungement, click here.

  • Lawful Self-Defense Expungement Per Section 943.0585(5), Florida Statutes, and Rule  11C-7.006, Florida Administrative Code, a subject may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charge(s) were not filed on, or were dismissed by the state attorney or the court. For information on how to apply for Lawful Self-Defense Expungement, click here.

  • Human Trafficking Expungement – Per Section 943.0583, Florida Statutes, a person who is a victim of human trafficking (as defined in Section 943.0583(1)(c) and Section 787.06, Florida Statutes) may petition for the expungement of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed as a part of the human trafficking scheme of which he or she was a victim. For information on how to apply for Human Trafficking Expungement, click here.

  • Automatic Juvenile Expungement - Per Section 943.0515, Florida Statutes, the criminal history record of a minor   maintained by FDLE will automatically be expunged (i.e., by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (essentially, not having been charged with or convicted of a forcible felony as an adult or when treated as an adult). Charges designated as forcible felonies can be found listed in Section 776.08, Florida Statutes.

  • Early Juvenile Expungement - Under Section 943.0515(1)(b)2.,Florida Statutes, persons between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his or her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding 5 years.  For information on how to apply for Early Juvenile Expungement, click here.