Juvenile Record Expungement — Florida

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Florida § 943.0515 provides a pathway to expunge juvenile delinquency records — automatically at age 21 in most cases, or by petition before that age — allowing individuals to move forward without a juvenile record following them into adult life. Understanding exactly when automatic expungement applies, what it covers, and how the petition process works is essential for any family whose child has been through the juvenile justice system. The rules are specific and the eligibility requirements are strict.

What Is Florida Juvenile Record Expungement Under § 943.0515?

Expungement under § 943.0515 is the legal process by which Florida juvenile delinquency records are physically destroyed or sealed — removed from public access and, in most cases, lawfully deniable by the individual on employment applications, licensing inquiries, and other contexts. Unlike adult criminal record expungement in Florida (which is a sealing process under § 943.0585 and § 943.059), juvenile expungement under § 943.0515 involves the actual physical destruction of records by FDLE and participating agencies.

The juvenile expungement statute operates on two tracks. The first is automatic expungement — triggered by the passage of time and the juvenile reaching a qualifying age, without any action required by the individual. The second is petition expungement — an affirmative legal process by which the individual can seek expungement before reaching the automatic age. Understanding which track applies, when, and what conditions could disqualify a record from expungement is the foundation of any juvenile expungement analysis.

Expungement is not the same as a conviction. Juvenile delinquency records — even those for serious offenses — are governed by Chapter 985’s confidentiality framework during the active period, and § 943.0515 provides the long-term resolution. But the expungement pathway is only available if the juvenile’s case remained in juvenile court (not transferred to adult court) and the individual has no disqualifying adult criminal history. An adult court conviction forecloses the juvenile expungement pathway entirely for that matter.

What Is Automatic Expungement Under § 943.0515 — Age 21 and Age 26?

Florida § 943.0515(1)(a) provides that juvenile delinquency records are automatically expunged when the individual reaches age 21, provided that:

• The individual was not transferred to adult court and the juvenile case did not result in an adult criminal charge;
• No adult criminal charges or criminal proceedings are pending against the individual at the time the automatic expungement would occur; and
• The individual has not been convicted of or had adjudication withheld for any adult criminal offense (other than minor traffic infractions).

The age 21 automatic expungement is triggered by FDLE — the agency monitors for qualifying individuals and initiates the record destruction process when the conditions are met. The individual does not need to file a petition or take any action. However, the individual must monitor their own situation: if an adult criminal charge arises before age 21, the automatic expungement may be delayed or blocked until the adult matter is resolved.

For juveniles who were committed to a DJJ residential program (Level 6, 8, or 10), the automatic expungement age is 26 rather than 21. This longer window reflects the legislature’s judgment that the more serious cases represented by DJJ commitment should remain available to the system for a longer period. The same eligibility conditions apply — no pending adult charges, no disqualifying adult convictions. An individual who was committed to DJJ at 15 and had no adult criminal history would have their juvenile record automatically expunged at 26.

The five-year difference between the age-21 and age-26 tracks is practically significant. An individual committed to DJJ at 14 faces a juvenile record potentially accessible within the system until they are 26 — twelve years after the offense. During that period, the record may be visible in background checks for government employment, military service, and licensing that have access to law enforcement databases. This is a strong argument for pursuing petition expungement as early as eligibility allows, rather than waiting for the automatic expungement date.

What Is Petition Expungement Under § 943.0515(1)(b)?

Petition expungement under § 943.0515(1)(b) allows an individual to seek expungement of juvenile records before reaching the automatic age. Rather than waiting until age 21 or 26, the individual proactively files a petition with the circuit court requesting that the records be expunged. The petition process requires:

1. FDLE Certificate of Eligibility: The individual must apply to the Florida Department of Law Enforcement for a Certificate of Eligibility — the formal determination that the record qualifies for expungement. The application requires submission of a certified disposition from the clerk of court, completion of an FDLE application form, and payment of a processing fee (currently $75). FDLE reviews the application and determines whether any disqualifying adult criminal history exists. If eligible, FDLE issues the Certificate of Eligibility.
2. Petition filed in circuit court: With the Certificate of Eligibility in hand, the attorney files a petition for expungement in the circuit court of the county where the arrest occurred. The petition is filed under the juvenile case number if available, or as a separate petition proceeding. The petition is served on the state attorney’s office, which has an opportunity to object.
3. State attorney review: The state attorney reviews the petition and may file an objection if grounds exist to deny expungement — typically the existence of disqualifying criminal history not captured in the FDLE check, or a legal argument that the specific record type is not eligible for expungement under § 943.0515.
4. Hearing (if required): The court may schedule a hearing on the petition, particularly if the state attorney objects. At the hearing, the attorney argues for expungement and the court exercises its discretion. The court considers the factors in § 943.0515 and any relevant equitable considerations.
5. Order of expungement: If granted, the court enters an Order of Expungement. The order is served on all agencies holding relevant records — FDLE, the arresting law enforcement agency, the clerk of court, and DJJ — which are then required to physically destroy or seal the records as directed.

The petition process gives individuals access to expungement before the automatic date — which can matter significantly for employment, military enlistment, professional licensing, and education applications made before reaching age 21 or 26. An attorney who handles this process regularly can move through FDLE’s application requirements efficiently, anticipate and address any state attorney objections, and ensure the order is properly served on all agencies holding relevant records.

What Disqualifies a Juvenile Record From Expungement?

Not every juvenile record qualifies for expungement under § 943.0515. The primary disqualifying circumstances are:

• Adult court transfer: If the juvenile case was transferred to adult court under § 985.557 (direct file) and resulted in an adult criminal conviction or an adjudication in adult court, the adult court record is not eligible for expungement under § 943.0515. Adult court convictions in Florida are generally not expungeable. The juvenile’s records from the same incident may also be affected.
• Pending adult criminal charges: If the individual has adult criminal charges pending at the time of the automatic expungement date, the automatic expungement is suspended until the adult case is resolved. Petition expungement during a period of pending adult charges is also typically blocked.
• Disqualifying adult convictions: An adult criminal adjudication or conviction (other than minor traffic infractions) disqualifies the juvenile record from automatic expungement under § 943.0515(1)(a). The individual is not barred from petition expungement in all cases, but the prior adult record may affect eligibility depending on its nature.
• Certain sex offenses: Juveniles adjudicated for sex offenses requiring registration under § 943.0435 (the Florida Sex Offender Registration Act) may face limitations on expungement. An attorney should analyze the specific statute and registration requirements for any sex offense adjudication before advising on expungement eligibility.
• Prior expungement: Florida generally limits individuals to one expungement in their lifetime under § 943.0585. Whether a prior adult expungement bars a subsequent juvenile expungement under § 943.0515 depends on the specific procedural history. An attorney should review the individual’s complete record before proceeding.

What Does Expungement Actually Do — and What Are Its Limits?

When a juvenile record is expunged under § 943.0515:

• FDLE physically destroys or seals the record in the state criminal history repository. The record no longer appears in standard FDLE background checks accessible to the public and most employers.
• Law enforcement agencies destroy the records related to the arrest — police reports, booking records, fingerprints, and photographs held in local agency files.
• The clerk of court seals or destroys the court records — docket entries, petitions, orders, and other documents in the juvenile case file.
• The individual may lawfully deny the arrest or adjudication on most applications — employment, housing, educational — with certain enumerated exceptions.

What expungement does not do:

• Expungement does not remove records from all law enforcement databases. Certain federal databases and multistate criminal history systems may retain information beyond FDLE’s control. Law enforcement agencies may retain records for their internal investigative purposes in some circumstances.
• Expungement does not shield the record from disclosure in applications to law enforcement agencies (police and sheriff’s departments), certain state licensing boards, the military, or in subsequent criminal proceedings where prior history is relevant.
• Expungement does not reverse any consequences that already occurred — a DJJ commitment already served, a school disciplinary proceeding that already happened, or collateral consequences that attached during the case.
• Expungement of a juvenile record does not affect any adult criminal record from separate incidents.

Despite its limits, expungement provides genuine and substantial benefit. Most employment background checks, most tenant screening services, most professional licensing applications outside law enforcement rely on FDLE’s criminal history repository — and an expunged record does not appear there. For a 20-year-old applying for a job, an apartment, or college admission, expungement means the juvenile record is effectively invisible in those contexts.

Frequently Asked Questions — Florida Juvenile Record Expungement

At what age are Florida juvenile records automatically expunged?

Under § 943.0515, juvenile records are automatically expunged at age 21 for most cases, and at age 26 for cases that resulted in DJJ residential commitment at Level 6, 8, or 10. The automatic expungement is initiated by FDLE without any action by the individual. However, if adult criminal charges are pending or adult criminal convictions exist, the automatic expungement may be delayed or blocked. Monitoring for these conditions and resolving any disqualifying issues before the automatic date preserves the pathway.

What is the difference between automatic and petition expungement for juvenile records?

Automatic expungement under § 943.0515(1)(a) occurs at age 21 (or 26) without any petition — FDLE initiates it when qualifying conditions are met. Petition expungement under § 943.0515(1)(b) is an affirmative legal process filed by the individual before reaching the automatic age. Petition expungement requires an FDLE Certificate of Eligibility, a circuit court petition, state attorney notice, and potentially a hearing. It provides access to expungement earlier than the automatic date — which matters for employment, military service, and licensing applications made before age 21.

What disqualifies a juvenile record from expungement in Florida?

Disqualifying circumstances include: adult court transfer resulting in an adult conviction; pending adult criminal charges at the time of the automatic expungement date; disqualifying adult criminal convictions (other than minor traffic infractions); certain sex offense adjudications requiring registration; and in some circumstances, a prior expungement. Before assuming a juvenile record qualifies for expungement, an attorney should review the complete criminal history to identify any disqualifying conditions.

What does expungement do for a Florida juvenile record?

Expungement under § 943.0515 results in physical destruction or sealing of the delinquency records held by FDLE, law enforcement agencies, and the clerk of court. After expungement, the record does not appear in standard FDLE background checks. The individual may lawfully deny the arrest or adjudication on most employment, housing, and educational applications. The primary exceptions are applications to law enforcement agencies, certain licensing boards, the military, and subsequent criminal proceedings. For most day-to-day purposes, the record is effectively invisible after expungement.

Can I petition for juvenile expungement before age 21 in Florida?

Yes. Florida § 943.0515(1)(b) allows petition expungement before reaching the automatic age. The process requires: (1) applying to FDLE for a Certificate of Eligibility; (2) filing a petition in circuit court in the county of arrest; (3) providing notice to the state attorney; (4) attending a hearing if scheduled; and (5) receiving an Order of Expungement from the court. The court has discretion to grant or deny the petition. An attorney who handles FDLE applications and juvenile court petitions regularly can move through the process efficiently and address any objections the state attorney raises.

Does juvenile expungement in Florida include DNA and fingerprints?

Expungement under § 943.0515 covers delinquency records — police reports, court files, FDLE criminal history records — but does not necessarily destroy DNA samples collected under § 943.325 or eliminate fingerprint records from all law enforcement systems. FDLE’s criminal history record is expunged, but certain biometric data retained for law enforcement identification purposes may not be destroyed. The practical effect is that civilian background checks show no record, but law enforcement identification databases may retain certain data. An attorney can advise on the specific scope for a particular record type and jurisdiction.

How long does the juvenile expungement petition process take in Florida?

The petition process typically takes between 4 and 6 months from start to finish. FDLE’s Certificate of Eligibility processing alone typically takes 90 to 120 days. Circuit court filing, state attorney review, and any hearing scheduling add additional time. Filing the complete, accurate FDLE application at the outset — and ensuring all supporting documentation is correct — avoids delays caused by incomplete applications or administrative deficiencies. An attorney familiar with the FDLE process can minimize preventable delays.

Returning to our Florida Juvenile Defense Hub provides the full overview of the Chapter 985 juvenile system, including the diversion options under the Juvenile Diversion Programs page and the step-by-step court process on the Florida Juvenile Criminal Process page. For juveniles whose cases were direct-filed to adult court, see the Direct File: Juvenile Tried as Adult page — adult court convictions do not have an expungement pathway under § 943.0515.