Court-Ordered Expungement of Criminal Records — Florida § 943.0585

Were Your Charges Dropped? Can You Expunge the Arrest from Your Record?

You were arrested. The State Attorney looked at the case and dropped the charges. Maybe you were acquitted at trial. Maybe the State never filed charges at all. Either way, you went through the system and came out without a conviction — and somehow the arrest is still showing up on background checks like it matters. It does not have to stay that way.

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

Florida Statute § 943.0585 gives you the right to petition a court to expunge that record entirely. I have helped hundreds of clients in Polk, Highlands, and Hardee Counties erase arrests that should never have followed them in the first place. Below is what expungement does and how to know whether you qualify.

What Does Court-Ordered Expungement Actually Do Under Florida § 943.0585?

Expungement is the strongest form of record relief available under Florida law. When a court orders your record expunged under § 943.0585, the agencies holding the record — local law enforcement, the clerk of court, the State Attorney’s office — are required to physically destroy it. FDLE retains a confidential copy that only criminal justice agencies can access, but for all practical purposes the record is gone.

The most significant legal effect: Florida law gives you the right to lawfully deny that the arrest occurred. In most everyday situations — job applications, rental applications, professional licensing — you can truthfully answer “no” when asked about arrests. That right does not exist with a sealed record alone. It is one of the most important distinctions between sealing and expungement, and it is why I always advise clients to pursue expungement when they qualify for it.

Who Qualifies for Court-Ordered Expungement Under § 943.0585?

What Case Outcomes Qualify for Direct Expungement?

To qualify for court-ordered expungement, one of the following must be true about the arrest you want expunged:

• The State Attorney never filed charges against you
• All charges were dismissed by the court
• The State Attorney entered a nolle prosequi (formally dropped all charges)
• You were found not guilty at trial on all counts
• The court entered a judgment of acquittal on all counts
• Or (withhold cases only): Your record was previously sealed after a withhold of adjudication and has been sealed for 10 or more years — under § 943.0585(1)(h), this 10-year requirement only applies when a plea was entered; it does not apply when charges were dismissed, nolle prosequi, not filed, or resulted in acquittal or not guilty

What Individual Eligibility Requirements Apply?

In addition to the case outcome requirement, you must meet all of the same individual eligibility conditions that apply to sealing under § 943.059:

• Never adjudicated guilty of any criminal offense in Florida
• Never adjudicated delinquent as a juvenile for any felony or the 13 listed misdemeanors
• No longer under court supervision for any offense
• Never previously sealed or expunged a record in Florida
• The offense is not on the permanent ineligibility list under § 943.0584

What Is the State Attorney Certified Statement and Why Do You Need It?

Unlike sealing, expungement requires you to obtain a certified statement from the State Attorney’s office confirming the outcome of your case. FDLE will not issue a Certificate of Eligibility for expungement without it.

The SA certified statement is a written certification from the State Attorney’s office for the circuit where the charges arose confirming that: the charges were not filed, or were dismissed, or resulted in acquittal. This is not automatic — you must request it from the SA’s office and include it with your FDLE application.

In the 10th Judicial Circuit, obtaining this statement from the Polk County State Attorney’s office is typically straightforward once you have the case documentation. Where it can get complicated is when the SA’s office has questions about case identity or needs time to retrieve older records. I handle these requests regularly and know how to move them efficiently.

How Does the Court-Ordered Expungement Process Work, Step by Step?

Step 1 — Gather Your Case Documentation

Obtain a certified copy of your disposition from the clerk of court in the county where the arrest occurred. This confirms how the case ended. You will need this for both the SA certified statement and your FDLE application.

Step 2 — Request the SA Certified Statement

Contact the State Attorney’s office for the circuit where the case arose. Request a certified statement confirming the charges were not filed, dismissed, or resulted in acquittal. This step is specific to expungement — it is not required for sealing.

Step 3 — Submit Application to FDLE

Submit the FDLE expungement application with the $75 fee, the certified disposition, and the SA certified statement. FDLE will verify your criminal history and determine eligibility.

Step 4 — Wait for the Certificate of Eligibility

FDLE processes applications in approximately 12 weeks. The Certificate of Eligibility is valid for 12 months — you must file your court petition within that window.

Step 5 — File the Petition in Circuit Court

File your expungement petition in the circuit court of the county where the arrest occurred, including the FDLE Certificate and required documentation. Serve copies on the State Attorney, the arresting law enforcement agency, and FDLE.

Step 6 — Hearing and Order

If the State Attorney objects, attend a hearing. If no objection, most courts grant the petition without a hearing. Once the judge signs the order, agencies have 60 days to destroy their records.

Why Does the Right to Deny the Arrest Matter?

The legal right to deny an arrest after expungement is not a technicality — it has real, daily consequences. When you apply for a job, most applications ask: “Have you ever been arrested?” or “Have you ever been charged with a crime?” After expungement, the honest legal answer is no. You do not have to qualify it or explain the dropped case.

This matters for every background-checked application you will ever submit: employment, housing, professional licensing, volunteer roles, firearms purchases in certain contexts, and more. Sealing gives you significant protection, but it does not give you this right. Only expungement does. That is why, when a client qualifies for both sealing and expungement, I always recommend pursuing expungement.

What Happens to Your Record After Expungement?

Once agencies receive the court order, they are required to physically destroy the records they hold. FDLE retains a confidential copy accessible only to criminal justice agencies. From that point:

• Standard background checks return no result
• You may lawfully deny the arrest in most contexts
• Criminal justice agencies and courts can still see the FDLE confidential copy if you are later arrested
• You cannot petition for sealing or expungement of another record — the one-time limit applies

Should You Choose Expungement or Sealing?

If your charges were dismissed, not filed, or resulted in not guilty — expungement is the stronger option and the one you should pursue. If your case ended in a withhold of adjudication — sealing is the pathway now, with expungement potentially available after 10 years. See the full comparison here.

For a complete overview of all record relief options available in Florida, visit the Florida Seal and Expunge hub page.

The full expungement process — from gathering documentation to receiving the court order — takes four to six months in the 10th Judicial Circuit. Starting early matters. Every week the arrest remains visible on background checks is another week it can cost you an opportunity. I handle the FDLE application, the SA certified statement request, and the court petition for clients in Polk, Highlands, and Hardee Counties.

Frequently Asked Questions

My charges were dropped. Can I expunge the arrest from my record?

Yes — if the charges were dropped (nolle prosequi), dismissed, never filed, or resulted in a not-guilty verdict, and you meet the other eligibility requirements, you may petition for expungement under § 943.0585. The record is physically destroyed by the agencies holding it, and you can legally deny the arrest in most situations going forward.

What is a nolle prosequi and does it qualify for expungement?

Nolle prosequi is the State Attorney formally dropping charges. It is treated the same as a dismissal under § 943.0585 and qualifies for expungement, provided you meet all other eligibility requirements.

Can I deny the arrest after my record is expunged?

Yes, in most situations. Florida law permits you to lawfully deny the arrest occurred after expungement, except when applying for positions with criminal justice agencies, law enforcement, or certain other categories specifically enumerated by statute. This right is one of the key differences between expungement and sealing.

What is the SA certified statement and why do I need it for expungement?

For expungement, FDLE requires a written certification from the State Attorney’s office confirming that charges were not filed, dismissed, or resulted in acquittal. You must request this directly from the SA’s office and include it with your FDLE application. Sealing does not require this step.

My record was sealed years ago. Can I now expunge it?

Possibly. Under § 943.0585, if your record has been sealed for 10 or more years, you may petition for expungement even if the original case ended in a withhold of adjudication. This is the one pathway to expungement when the case was not originally dismissed or acquitted.

What happens to private background check databases after expungement?

FDLE updates its database promptly. Private companies like Checkr, HireRight, and Sterling are legally required to update their records upon receiving notice of a seal or expunge order, but enforcement is imperfect. After the order is entered, I advise clients on specific follow-up steps to ensure private database vendors update their records.

How Does Expungement Affect Housing Applications in Florida?

Housing applications routinely include criminal background check authorizations, and landlords frequently reject applicants based on arrest history — even arrests that did not result in conviction. After expungement under § 943.0585, the background check returns clean, and you can truthfully answer “no” to arrest questions on rental applications.

Private landlords and property management companies run checks through tenant screening services (TransUnion SmartMove, SafeRent, Yardi RentGrow, RentBureau). These services query FDLE and other databases. After expungement, FDLE returns no result, and most tenant screening companies update their own databases accordingly. The practical result: most housing applications process without the expunged arrest appearing.

The one area where this gets complicated is subsidized housing — HUD programs and federally assisted housing have their own background check requirements and their own access to federal criminal history databases. If you are applying for Section 8, public housing, or other federally administered programs, the interplay between Florida expungement and federal database records is worth discussing specifically.

How Does Expungement Affect the Ability to Purchase a Firearm?

Firearm purchases involve a federal NICS (National Instant Criminal Background Check System) check, not just a state check. The NICS check queries federal databases maintained by the FBI, which include records from state agencies. Florida submits records to federal databases, and when an expungement order is entered, FDLE notifies the FBI.

In most cases, an expunged arrest does not create a federal firearms disability. A dismissed arrest — even before expungement — generally should not affect NICS. However, if the underlying charges fell into a category that creates federal firearms prohibitions (domestic violence, felony), the interaction between federal law and Florida expungement is complex and fact-specific. If this is a concern in your case, I address it directly in the consultation.