An arrest may still appear in a Florida criminal history record even when no conviction followed. A dismissal, acquittal, or decision not to file charges does not necessarily erase the arrest record. Whether a record can be sealed or expunged depends on the disposition and the statutory eligibility rules.
Sealing and expungement
Florida’s section 943.0585 addresses court-ordered expunction, including certain cases with no filed charge, dismissal, acquittal, or not-guilty verdict. Section 943.059 governs court-ordered sealing. Other statutory restrictions can affect eligibility. A dismissed case is not automatically eligible, and an acquittal is not the only route to expunction.
The Florida Department of Law Enforcement explains that applicants generally first seek a Certificate of Eligibility before petitioning the court. A certificate is not itself an order sealing or expunging the record. Even after an order, some agencies may retain or access information as the law permits; private copies and earlier online publications may require separate attention.
Checking your record
Obtain the case disposition and identify the records that appear in a background check. A lawyer can compare them with the statutory criteria and explain the available procedure. Do not assume a job or housing background report is complete or that an old case is automatically cleared.
Roy J. Kahn, P.A. handles criminal defense and record matters in Miami. No outcome is guaranteed. This is general information, not legal advice.
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