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Florida Record Sealing & Expungement

Florida lets you seal (§ 943.059) or expunge (§ 943.0585) certain court records. Core eligibility: no prior convictions, you can do it only once in a lifetime, and the case must have had adjudication withheld — a conviction can't be sealed or expunged, which is why all DUIs are excluded. A statutory list of disqualified offenses (§ 943.0584), such as murder, sexual battery, and drug trafficking, can never be sealed or expunged even with no priors.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and these eligibility rules can be amended — confirm the current law against the statutes and talk to a Florida attorney.

Florida lets you clear certain court records two ways: sealing (§ 943.059) and expunction (§ 943.0585).

Core eligibility

The same core rules apply to both:

  • You must have no prior convictions — you’ve never been adjudicated guilty of any offense.
  • You may do this only once in a lifetime.
  • The case in question must have had adjudication withheld.

That last point is the heart of it: a conviction cannot be sealed or expunged. This is exactly why all DUIs are excluded — because § 316.656 bars any court from withholding adjudication for DUI, a DUI is always a conviction.

Disqualified offenses

Even with no priors, some offenses can never be sealed or expunged. Section 943.0584 lists them — for example murder, sexual battery, lewd offenses on minors, burglary of a dwelling, and drug trafficking. If your charge is on that list, sealing and expunction are off the table regardless of your record.

Sealing vs. expunction

Both limit who can see the record, but they work differently in how the record is treated. Which one fits depends on the disposition of your case, so it’s worth confirming with an attorney before you apply.

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Frequently asked questions

Who can seal or expunge a record in Florida?
Generally, someone with no prior convictions whose case had adjudication withheld, and who has not previously sealed or expunged a record (§§ 943.059, 943.0585). It's a once-in-a-lifetime opportunity.
Why can't a DUI be sealed or expunged in Florida?
Sealing and expunction require that adjudication was withheld. Because § 316.656 bars any court from withholding adjudication for DUI, a DUI is always a conviction — and convictions can't be sealed or expunged.
Are some offenses never eligible in Florida?
Yes. A statutory list of disqualified offenses (§ 943.0584) — including murder, sexual battery, lewd offenses on minors, burglary of a dwelling, and drug trafficking — can never be sealed or expunged, even with no prior convictions.

Sources

Related guides

  • Florida Assault & Battery Charges In Florida, assault (§ 784.011) is an intentional threat plus apparent ability that creates a well-founded fear of imminent violence — no contact required — and is a second-degree misdemeanor. Battery (§ 784.03) is actually touching or striking someone against their will, a first-degree misdemeanor. Aggravated assault (§ 784.021) with a deadly weapon is a third-degree felony, and aggravated battery (§ 784.045) is a second-degree felony.
  • Florida Drug Charges Florida's drug laws are in Chapter 893, which sorts controlled substances into Schedules I–V (§ 893.03). Possession is generally a third-degree felony (§ 893.13), but possessing 20 grams or less of cannabis is a first-degree misdemeanor — more than 20 grams is a third-degree felony. Trafficking (§ 893.135) is defined by weight and carries mandatory minimum prison terms, with no withholding of adjudication. Confirm current weights and penalties.
  • Florida DUI Charges Florida DUI law (§ 316.193) makes it illegal to drive impaired or with a BAC of 0.08 or more. Penalties escalate: a third DUI within 10 years is a third-degree felony, and a fourth is a felony regardless of timing. Implied consent (§ 316.1932) means refusal suspends your license. Because § 316.656 bars withholding adjudication for DUI, a DUI is always a conviction — so it can never be sealed or expunged. Confirm current penalties.
  • Florida Theft Charges Florida grades theft by the value of what was taken (§ 812.014). Under $100 is a second-degree misdemeanor; $100 to under $750 is petit theft, a first-degree misdemeanor; $750 to under $20,000 is grand theft in the third degree (a felony); and the grade climbs to first-degree grand theft at $100,000 and up. The $750 petit/grand line was raised from $300 effective Oct. 1, 2019. Confirm current dollar tiers.
  • How a Florida Criminal Case Works Florida grades crimes by degree (§ 775.082): felonies run third-degree (up to 5 years) up to capital and life, while misdemeanors are first-degree (up to 1 year) or second-degree (up to 60 days). County Court handles misdemeanors and Circuit Court handles felonies. You have the right to counsel and the presumption of innocence, and the 10-20-Life law (§ 775.087) sets firearm mandatory minimums — confirm current penalties.

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