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What is administrative expunction for a wrongful arrest?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A separate path for an arrest made contrary to law or by mistake — and it doesn't count against your once-in-a-lifetime limit.

Where an arrest was made contrary to law or by mistake, Florida provides an administrative expunction that operates outside the ordinary process.

It requires the arresting agency's involvement. The agency, or the State Attorney, submits an application acknowledging the arrest was made contrary to law or by mistake. It isn't something a person can file unilaterally.

Two significant advantages. There's no certificate of eligibility requirement and no court petition. And it does not count as a prior sealing or expunction, so it preserves your once-in-a-lifetime relief for something else.

When it applies: mistaken identity, an arrest on a warrant that had been recalled, an arrest lacking legal basis on its face.

Getting the agency to acknowledge the error is the practical obstacle, and it generally requires counsel making the case with documentation rather than a phone call.

If your arrest was genuinely a mistake, this is worth pursuing specifically rather than defaulting to the ordinary process and consuming your one opportunity.

If it was a mistake, say so through counsel — and don't burn your one-time relief on it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.