Category: Post-Case · Statute: F.S. 943.0585 · Source: Florida Legislature
Understanding Expungement Eligibility in Florida
In Florida, expungement eligibility refers to the strict legal criteria a person must meet under Florida Statute Section 943.0585 to have their criminal history record physically destroyed by law enforcement agencies. Unlike a record sealing, which merely restricts public access, an expungement completely removes the record from state databases. To qualify for this post-case remedy, the underlying criminal charges must have been dismissed, dropped by the prosecutor (nol pros), or resolved with a "not guilty" verdict at trial. Additionally, the applicant must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) and cannot have any prior criminal convictions or previous record sealings or expungements on their record.
Eligibility is strictly barred for individuals who were "adjudicated guilty" (convicted) of any offense, as Florida law does not allow the expungement of convictions. Furthermore, the legislature explicitly excludes certain serious charges from expungement eligibility regardless of the disposition, including sexual offenses, domestic violence assault, stalking, child abuse, and driving under the influence (DUI). Because Florida only grants one record expungement per lifetime, individuals must carefully evaluate which eligible arrest record is most advantageous to clear from their background.
How Expungement Eligibility Impacts Pretrial Release
While expungement is a post-case remedy, eligibility considerations can influence pretrial strategies. Defendants who secure pretrial release through a bail bond have a greater opportunity to work closely with counsel to negotiate a plea that preserves future expungement eligibility, such as a dismissal or a pretrial diversion program. Conversely, failing to secure release or failing to appear while on bail can lead to additional charges and convictions that permanently destroy any future expungement eligibility under Florida law.