Expungement Eligibility and Checklist

“Expungement” means the court orders the destruction of the record by any criminal justice agency having custody of the record, with limited exceptions. § 943.0585 (6)(a)–(d)

Eligibility / Criteria for Expungement (Statutory Requirements)

To petition for court-ordered expungement under § 943.0585, the petitioner must satisfy the following statutory criteria and avoid disqualifying factors:

1. Charging document was not filed in the case being expunged
2. Charging document was filed but later dismissed or Nolle Pross’d, JOA’d or NG verdict
3. Not statutorily ineligible
   The criminal history record being expunged must not be ineligible under 943.0584 (offenses that are excluded from sealing).
   The person must not have been adjudicated guilty of any criminal offense or adjudicated delinquent for certain offenses (see 943.0585(1)(d)) before the date the application is filed.

4. No adjudication of the offense being expunged
   The petitioner must not have been adjudicated guilty of, or adjudicated delinquent for, any of the acts of the arrest/incident being expunged. 943.0585(1)(e).

5. No supervision still ongoing
   The petitioner must no longer be under court supervision related to that arrest or charge. 943.0585(1)(f).

6. No prior sealing or expungement
   
   

The petitioner cannot have secured a prior sealing or expungement prior to filing the application, unless the expungement is sought for a criminal history previously sealed for 10 years. § 943.0585(1)(g-h).

Disqualifications / Excluded Offenses & Statutory Limitations

• Multiple arrests
  • The court may only order expungement of one arrest/incident unless additional arrests are directly related to the original arrest. The court must explicitly state its intent to expungement multiple arrests in the order. 943.0585(4)(c).
• Court discretion and non-guarantee
  • Even if all eligibility criteria are met, expungement is not a right — the court has discretion to deny the petition. 943.0585(4)(e).
• A copy of the record is retained by FDLE but exempt from disclosure and not available to any person without court order. 943.0585(6)(a).
• After expungement, the subject may typically deny or fail to acknowledge the sealed record, with statutory exceptions (e.g. applying for employment/licensing in certain sensitive fields) § 943.0585(6)(b)–(c).

Application Checklist & Instructions

• Completed Application
• Completed Written Certified Statement Page
  • For all expunction applications (including juveniles), the written certified statement page (in application) completed by the appropriate state attorney or statewide prosecutor is required.
• Certified Disposition
  • Certified disposition of each case listed
  • Documentation showing termination of probation.
  • Diversion certificate/letter
• Completed Fingerprint Form/Card
• Processing Fee
  • A NONREFUNDABLE money order, cashier’s check, or personal check in the amount of $75.00 made payable to FDLE must accompany the application.
  • Not required for juvenile diversion expungement applications.
• Attorney Letter of Representation
  • On Showalter Law letterhead includes mailing address
• Mail packet and fee to FDLE