Category: Post-Case · Statute: F.S. 943.0585 · Source: Florida Legislature
Understanding Expungement (Detailed Guide) in Florida
In Florida, expungement is a legal process governed by Section 943.0585 of the Florida Statutes that results in the physical destruction of an individual's criminal history record by the Florida Department of Law Enforcement (FDLE). Unlike record sealing, which merely secures the files from public view while leaving them intact, expungement requires the court and arresting agency to destroy their physical copies of the arrest record, leaving only a single, confidential copy archived by the FDLE. This remedy is generally a one-time privilege reserved for individuals whose cases did not result in a conviction, meaning the charges were dismissed, dropped by the prosecutor (nolle prosequi), or resolved with an acquittal at trial.
To qualify for an expungement under Florida law, the applicant must first obtain a Certificate of Eligibility from the FDLE. This requires demonstrating that the applicant has never been adjudicated guilty of any criminal offense, has no other pending expungement or sealing petitions, and has never had another record sealed or expunged in Florida. Additionally, certain serious offenses, such as sexual crimes, public corruption, or violent felonies, are statutorily barred from being expunged even if the charges were ultimately dismissed. Once the court grants the petition to expunge, the individual can legally deny the arrest occurred on most employment, housing, and licensing applications, with narrow exceptions for law enforcement, the judiciary, and jobs involving children or vulnerable adults.
How Expungement Impacts Bail and Pretrial Release
While expungement occurs after a case is fully resolved, it directly impacts future bail determinations. If a person is arrested again in Florida, a previously expunged record cannot be accessed by the general public, but it remains visible to judges, prosecutors, and law enforcement during the pretrial release hearing. Under Florida's bail rules, a judge assessing a defendant's risk profile at first appearance will see the prior arrest and the fact that it was expunged. Because the record shows the prior case was dismissed or resolved without a conviction, it generally helps the defense argue for a lower bail amount or release on recognizance, as it proves the defendant has no prior criminal convictions.