Fla. Stat. § 943.0585

Sealing & Expunging
a Record

A dismissed or withheld charge can still show up on background checks — unless you clear it. Here is who can seal or expunge a Florida record, and how the two differ.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Sealing vs. Expunging

Both remove a record from public view, but they differ. Sealing hides the record from public access (certain agencies can still see it). Expunging goes further — the record is destroyed, and even the agencies that retain a sealed record must obtain a court order to view an expunged one.

The Governing Statute
Fla. Stat. § 943.0585 — Expunction of Criminal History Records
"The courts … may order a criminal justice agency to expunge a criminal history record … [for a person who] has never previously been adjudicated guilty of a criminal offense."
Read the full statute on Online Sunshine →

Generally, if adjudication was withheld, you seek sealing; if the charge was dismissed or never filed, you may be eligible to expunge.

Who Qualifies

Key Eligibility Rules
No prior convictions: You must never have been adjudicated guilty of any criminal offense (adult).

One in a lifetime: You can generally seal or expunge only one record in your lifetime.

Disqualifying charges: Certain offenses (many violent and sexual crimes, DUI) cannot be sealed or expunged even if adjudication was withheld.

Certificate of Eligibility from FDLE is required first.

The Process

The process runs through the FDLE and the court: apply for a Certificate of Eligibility, then petition the court with a sworn statement. It typically takes several months. An attorney can confirm eligibility up front — avoiding wasted fees on a record that doesn’t qualify — and handle the petition correctly.

Frequently Asked Questions

What is the difference between sealing and expunging a record in Florida?
Sealing hides a record from public view while allowing certain agencies to access it. Expunging goes further — the record is destroyed, and even those agencies need a court order to view it. Withheld adjudications are typically sealed; dismissed charges may be expunged.
Can I expunge my record if I was convicted in Florida?
Generally no. If you were adjudicated guilty (convicted), the record cannot be sealed or expunged. These remedies are mainly for cases that were dismissed, dropped, or where adjudication was withheld.
How many times can you expunge a record in Florida?
Generally once in a lifetime. Florida law limits most people to sealing or expunging a single criminal history record, which makes using it wisely important.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 943.0585 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.