Florida law provides distinct ways to seal or expunge certain criminal history records. Eligibility and effects depend on the statute and the case.
Court-ordered expungement under Florida Statutes § 943.0585 and sealing under § 943.059 have different requirements and effects. An acquittal, dismissed charge, or withheld adjudication does not automatically mean a person qualifies. Some offenses and dispositions are excluded.
The usual court-ordered process
An eligible applicant generally first obtains a Certificate of Eligibility from the Florida Department of Law Enforcement, then petitions the appropriate court. The certificate is a prerequisite, not an order granting relief. The court reviews the petition under applicable law. Florida generally allows one court-ordered sealing or expungement in a lifetime under these provisions, subject to statutory exceptions; it is not one per record.
What relief does and does not do
Sealing limits public access while expungement generally requires covered agencies to physically destroy or obliterate records, subject to limited retained records and statutory access. It does not erase every copy held by every private party or guarantee that all consequences disappear. Verify the order and agency compliance, and discuss disclosure exceptions for employment or licensing with counsel. No result is guaranteed.
Roy J. Kahn, P.A. represents people in criminal matters in the Miami area.
This is general information, not legal advice.