Florida court-ordered expunction has eligibility rules and a required FDLE certificate step. A dismissal alone does not erase an arrest record.
Expunction under Florida Statutes § 943.0585 removes an eligible record from ordinary public access subject to statutory exceptions. Sealing under § 943.059 is a different remedy. Neither is available for every case, and certain offenses are excluded under § 943.0584. A qualifying disposition, past record, and prior seal or expunge history can affect eligibility.
1. Review the case and eligibility
Obtain the arrest and court disposition information and confirm precisely what happened to every charge. A conviction generally bars these forms of court-ordered relief. A withhold of adjudication does not by itself mean expunction is available; sealing may be the relevant path in some cases. Ask counsel to check the current statutory exclusions and whether a previous record has been sealed or expunged.
2. Apply to FDLE for a certificate
The Florida Department of Law Enforcement requires a Certificate of Eligibility before a court can consider a petition for ordinary court-ordered sealing or expunction. Follow FDLE’s current application instructions, including the required disposition, fingerprints, fee, and prosecutor certification where applicable. FDLE’s certificate establishes eligibility to petition; it is not itself a court order or a guarantee of relief.
3. Petition the proper court
With the certificate, file the required petition, affidavit, and supporting documents in the court with jurisdiction over the case, and serve the agencies required by law. A hearing may be scheduled, but it is not inevitable in every case. The court decides whether to grant relief under the governing statute.
4. Confirm the order and its limits
If the court grants the petition, agencies carry out the order under the statute. Expunction has exceptions to confidentiality and to when a person may lawfully deny an arrest. It does not promise that every private copy, news story, or federal record disappears. Keep the signed order and seek advice before answering a specific employment, licensing, or immigration question.
This is general information, not legal advice. Eligibility and procedures turn on the actual case records and current law.
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