Record Expungement

How Florida Processes Criminal Record Expunction Criminal record expunction in Florida is a post-disposition civil procedure governed by section 943.0585, Florida Statutes, and administered through the circuit court with certification by the Florida Department of Law Enforcement. In Brevard County, expunction petitions are filed in the circuit where the arrest originated, including cases arising in Rockledge and Melbourne. The process is document-driven and resolved on statutory eligibility rather than equitable considerations. What the Court Must Find to Grant Expunction To grant expunction, the court must find that the petitioner has never been adjudicated guilty of a criminal offense and has not previously received a sealing or expunction. The court must also find that the charge sought to be expunged was dismissed, nolle prossed, or resulted in an acquittal, or that a qualifying diversion was completed with no adjudication of guilt. FDLE must first issue a Certificate of Eligibility before the court has authority to act. How Case Disposition Affects Eligibility Eligibility turns on the disposition of the underlying case rather than the charged offense alone. Any case resulting in an adjudication of guilt is ineligible for expunction under Florida law, regardless of the age of the conviction. Cases with withheld adjudication may be eligible for sealing under section 943.059, but sealing does not convert an otherwise ineligible case into one that may later be expunged unless statutory conditions are independently satisfied. Procedural and Evidentiary Requirements The expunction process requires submission of sworn statements, certified dispositions, and fingerprint-based review by FDLE. Prosecutors in Brevard County may file written objections, but the statute does not require the State to consent. If granted, the court orders all criminal justice agencies to physically destroy their records, with FDLE retaining a single confidential copy as required by statute. Penalty Exposure Under Florida Law Expunction proceedings do not involve criminal penalties, incarceration, fines, or supervision. The court’s authority is limited to granting or denying the statutory relief requested. No additional sanctions attach to the filing or denial of an expunction petition. Collateral Consequences of an Expunged Record Once a record is expunged, the arrest is treated as having never occurred for most private purposes, including routine employment and housing background checks. Disclosure may still be required in limited circumstances expressly authorized by statute, including applications to certain criminal justice agencies. The relief applies only to the specific arrest identified in the order and does not affect unrelated records. Statutory Background and Ineligible Offenses Florida law excludes expunction for arrests involving certain serious offenses, even when adjudication was withheld, including homicide, sexual battery, child abuse, robbery, kidnapping, and comparable violent or sexual crimes enumerated in section 943.0585. Expunction is available only once in a lifetime and is distinct from record sealing, which provides narrower relief. All determinations are strictly statutory and fact-specific under Florida law.