How to Expunge a Misdemeanor in Florida: Eligibility, Steps, and Costs

To expunge a misdemeanor in Florida, you first apply to the Florida Department of Law Enforcement for a Certificate of Eligibility, then file a petition to expunge in the county where the case was handled. Plan on several months and at least $75 in state fees, plus a county filing fee and any attorney costs. Before you spend a dollar, though, confirm you’re actually on the expungement track and not the sealing track. That distinction disqualifies more people than any other requirement.

Expungement or Sealing: Which One Applies to You

Florida treats expungement and sealing as separate remedies under separate statutes. Expungement is available only when the charges were dropped, dismissed, resulted in a not-guilty verdict, or were never formally filed.¹ If you pleaded guilty or no contest and the judge withheld adjudication, expungement is not available to you. Sealing is.²

The practical difference matters. A sealed record is still visible in its entirety to certain government agencies. An expunged record shows those same agencies only a notation that a record was expunged; the contents themselves require a court order to view.³ A record that has been sealed for at least 10 years may later become eligible for expungement, but that path doesn’t shortcut the current one.¹

Who Qualifies

Even with a dismissal, acquittal, or nolle prosequi, you still have to clear several additional bars:

No prior adjudication of guilt in Florida for any criminal offense, and no adjudication of delinquency for any felony or for certain listed misdemeanors including assault, battery, carrying a concealed weapon, petit theft, and child neglect.
No prior order sealing or expunging any Florida criminal record, unless you’re converting a record that has been sealed for at least 10 years.
No finding of guilt on any act tied to the arrest you want expunged.
All probation, community service, or other court-ordered obligations from the case fully completed.
The offense is not on the statutory ineligible list.

Offenses That Can Never Be Expunged

Section 943.0584 permanently blocks expungement and sealing for a long list of serious offenses, even where charges were dismissed. It includes domestic violence assault or battery, aggravated assault, stalking, sexual misconduct, lewd conduct involving minors, kidnapping, human trafficking, robbery, burglary of a dwelling, arson, child abuse, elder abuse, drug trafficking, manufacturing controlled substances, and terrorism, among others.⁴ If your misdemeanor sits in one of these categories, neither remedy is available.

Step 1: Get a Certificate of Eligibility From FDLE

You cannot file in court until FDLE has reviewed your history and confirmed you meet the statutory requirements. The certificate is the front door. To apply, you’ll need four things in one package:⁵

Application Form

Download it from the FDLE website or request one at SEinfo@fdle.state.fl.us. The form asks for your personal identifiers along with the arresting agency, court case number, and specific charges. Incomplete forms are a routine cause of delay, so fill in every field.

Certified Disposition

Get a certified copy of the disposition for every charge on the application from the clerk of court in the county where the case originated. Call ahead to confirm the clerk’s process and any fee; some counties handle requests in person, others by mail or online.

Fingerprint Card

FDLE requires a fingerprint card taken by a law enforcement agency or another authorized provider. Florida keeps a list of approved LiveScan providers whose equipment meets FDLE and FBI standards. A local sheriff’s office or police department can also do a standard ink card. For electronic submissions, the submitting agency must have an existing arrangement with FDLE.

Fee and Where to Send It

Include a nonrefundable $75 fee payable to FDLE by money order, cashier’s check, or personal check. Mail the full package to FDLE, Expungement Section, P.O. Box 1489, Tallahassee, Florida 32302-1489.

Processing runs about 12 weeks from the date FDLE receives a complete application. You’ll get either the certificate or a letter explaining what needs to be fixed. Once issued, the certificate is valid for 12 months, so you have a year to move to the next step.¹

Step 2: File the Petition in Court

With the certificate in hand, file a Petition to Expunge Record with the clerk of court in the county where the misdemeanor was handled. The petition must include the original Certificate of Eligibility and a sworn statement that you meet all eligibility requirements and the information is accurate. Local clerk-of-court websites often post the petition form.

Pay the county filing fee, generally in the range of $40 to $60. Mail copies of the petition to the State Attorney’s Office and the arresting law enforcement agency so they have notice and a chance to respond. If the judge is satisfied, they’ll sign a final Order of Expungement. Send certified copies of the signed order to FDLE and the arresting agency so the record actually comes out of their systems.⁵

What It Costs

FDLE application fee: $75, nonrefundable.
Court filing fee: varies by county, typically $40 to $60.
Attorney fees, if you hire one: typically $400 to $1,500 for a straightforward misdemeanor expungement, more if the case is complicated.

The certified disposition from the clerk may carry a small additional fee. You can complete the process without an attorney, but the paperwork trips enough people up that many choose to hire one.

What You Can Say After Expungement, and What You Still Have to Disclose

Once your record is expunged, Florida law lets you deny or refuse to acknowledge the arrest on job applications, rental applications, and in most other private-sector settings. For everyday purposes, you can treat the arrest as though it never happened.¹

The statute carves out situations where you still have to disclose:

Applying to a criminal justice agency, such as a law enforcement or corrections position.
Serving as a defendant in a criminal case.
Applying for admission to The Florida Bar.
Applying for a job with direct contact with children, the elderly, or people with disabilities through the Department of Children and Families, the Agency for Health Care Administration, the Department of Health, or the Department of Juvenile Justice.
Applying for a job with the Department of Education, a school district, a charter school, or a private school.
Applying for an insurance agent license through the Department of Financial Services.
Seeking appointment as a court-appointed guardian.
Filing another petition to seal or expunge.

FDLE keeps a confidential copy that isn’t available to the public. When one of the authorized entities above runs your name, what they see is the notation “Criminal History Record Expunged Pursuant to Florida Statutes 943.” To view the contents, they’d need a court order.³

Private Background-Check Databases Don’t Update Automatically

A court order forces FDLE and law enforcement agencies to expunge your record. It does nothing directly to private background-check companies that may have already pulled your arrest information from public court records. If an employer runs a commercial check months after your expungement, the old data can still surface.

The Foundation for Continuing Justice runs a Criminal Record Clearinghouse that verifies cleared records and pushes updates to major background-check providers. Attorneys, courts, and individuals can submit documentation.⁶ You can also contact background-check companies directly with a copy of the court order. Under the Fair Credit Reporting Act, they’re required to keep their information accurate, and reporting an expunged arrest can be a violation.

Federal Limits an Expungement Won’t Fix

A Florida expungement clears your state record. Some federal contexts operate on their own rules.

Immigration

U.S. Citizenship and Immigration Services uses its own definition of “conviction.” A conviction exists for immigration purposes if a judge or jury found guilt, or the person admitted guilt, and the judge imposed any form of punishment or restraint, even where adjudication was withheld. A conviction vacated solely for rehabilitation reasons, rather than because of a legal defect, still counts.⁷ If the charges were truly dismissed or you were acquitted, a Florida expungement should not create immigration exposure. If you entered a plea and later cleared the record through a rehabilitative path, USCIS may still treat it as a conviction. Non-citizens should talk to an immigration attorney before relying on an expungement.

Federal trusted-traveler programs like Global Entry and TSA PreCheck also require disclosure of all arrests and convictions, including expunged ones, and Customs and Border Protection can access federal databases that hold the original arrest information regardless of state action.

Firearms

For most misdemeanors, expungement removes any state-level restriction on firearm possession. For a domestic violence misdemeanor, 18 U.S.C. § 921(a)(33) generally provides that a person is not considered convicted of a misdemeanor crime of domestic violence if the conviction has been expunged or set aside. The exception: if the expungement order itself explicitly bars you from possessing firearms, the federal prohibition remains.⁸

1
The 2025 Florida Statutes. Florida Statutes 943.0585 – Court-Ordered Expunction of Criminal History Records
2
Florida Senate. Florida Statutes 943.059 – Court-Ordered Sealing of Criminal History Records
3
Florida Department of Law Enforcement. Frequently Asked Questions
4
Justia Law. Florida Statutes 943.0584 – Criminal History Records Ineligible for Court-Ordered Expunction or Court-Ordered Sealing
5
Florida Department of Law Enforcement. Applying for a Certificate of Eligibility for Court-Ordered Sealing or Expungement
6
Foundation For Continuing Justice. Criminal Record Clearinghouse
7
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12 Part F Chapter 2 – Adjudicative Factors
8
GovInfo. 18 USC 921 – Definitions