Florida lets many folks clear a criminal record through the courts, but eligibility is narrow, and missing a single requirement ends the application before it starts. This page walks through who qualifies for court-ordered sealing or expunging, the requirement that trips the most people, and why a certificate of eligibility is only the first gate.
If you are checking your own eligibility, the questions below are the same ones I work through with a client at the start of a case.
The Five Eligibility Requirements
Court-ordered relief under sections 943.059 and 943.0585 is built around a short set of requirements. You have to meet every one of them.
| Requirement | What it means |
|---|---|
| One in a lifetime | You have never had a Florida record sealed or expunged through the court-ordered process before |
| No prior conviction | You have never been adjudicated guilty, as an adult, of any criminal offense, and have no disqualifying juvenile adjudication under section 943.051(3)(b) |
| A favorable disposition | A withhold of adjudication can be sealed, and no charge, a dismissal, or an acquittal can be expunged |
| No open supervision or charges | You are not on any form of supervision for this arrest and have no related charges pending |
| An eligible offense | The charge is not one of the offenses the Legislature placed off limits in section 943.0584 |
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and a record that follows someone after the case is over is something I have watched cost good people jobs, housing, and licenses. My office handles the seal and expunge process from the FDLE eligibility check through the court order. Learn more about my background.
The Requirement That Trips People: No Prior Conviction
The no-prior-conviction rule reaches your whole history, not just the case you want to clear. Any adult adjudication of guilt, for any criminal offense anywhere, can disqualify you even if the case in front of you ended perfectly. This is where a withhold of adjudication matters, because a withhold is not a conviction, so it does not count against you the way an adjudication does. A prior Florida seal or expunge also uses up the one-time relief, while a seal or expunge you obtained in another state, since July 2013, does not by itself disqualify you.
Seal or Expunge: Which One You Qualify For
Eligibility is only half the question. The disposition of your case decides which relief you can ask for. A case that ended in a withhold of adjudication is sealed, while a case with no charge filed, a dismissal, or an acquittal is expunged, which is the stronger result. The difference, and the path that lets a sealed record be expunged later, is covered on the sealing versus expunging page.
The Certificate of Eligibility Is Only the First Gate
Before any petition is filed, FDLE has to issue a Certificate of Eligibility confirming the record meets the statutory criteria. That certificate is necessary, but it is not the finish line. Even with a certificate in hand and every requirement met, the judge keeps the discretion to deny a petition, so a clean application and a careful presentation still matter.
Related Arrests From a Single Episode
The one-time rule does not always mean one arrest. When several charges grow out of the same arrest or the same criminal episode, a court has discretion to seal or expunge those related arrests together in a single petition, as long as the offenses are connected in time or by a common nexus. Sections 943.059 and 943.0585 give the court that authority when the additional arrests directly relate to the original one, and charges from unrelated arrests do not qualify for that grouping.
Common Questions
Does a withhold of adjudication count as a conviction for eligibility?
No. A withhold means the judge did not enter a conviction, so it does not trip the no-prior-conviction requirement, and a withheld charge is the kind of disposition that can be sealed. A prior conviction is a different thing, and an adult adjudication of guilt for any offense can end your eligibility.
Can I seal or expunge more than one record?
The court-ordered process is a one-time relief in your lifetime. The main exception is when several charges come from the same arrest or criminal episode, because a judge has discretion to clear those related arrests together in a single petition.
Does an expungement I got in another state disqualify me?
No. Since July 2013, a sealing or expungement obtained outside Florida does not by itself disqualify you from clearing a Florida record. A prior Florida court-ordered seal or expunge is what uses up the one-time relief.
Can I apply if I have a separate case still pending?
You cannot seal or expunge the record while you are still on supervision for that arrest or have related charges open. An unrelated, fully closed case can sometimes be cleared even while a different matter is pending, but the pending case can give the State a reason to object.
If FDLE issues a certificate, is my record automatically sealed?
No. The certificate only confirms the record is statutorily eligible. You still have to file a petition, and the judge can deny it even when every requirement is met, so how the request is presented matters.
Related: Sealing and Expunging, Sealing vs Expunging, Offenses That Cannot Be Sealed, and The Process Step by Step.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Court-ordered sealing and expunging in Florida are governed by sections 943.059 and 943.0585, Florida Statutes, the list of ineligible offenses in section 943.0584, the automatic sealing provisions of section 943.0595, and Florida Rule of Criminal Procedure 3.692. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
