State Law Summary

Florida

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Section 943.0584 (2019) / Section 943.059 (2019) / Section 948.01 (2019)

Secondary Sources: CCRC Florida Profile (6/28/2020)/

Summary of the Law

CONVICTIONS

  1. Misdemeanor and Felony:
    1. Sealing for certain “Withheld”/deferred adjudication misdemeanor and felony convictions if clean (Section 943.059(d)) before date of petition, upon completion of sentence, with no stated waiting-period. (Section 943.059).
    2. Expunction for Sealed Misdemeanor/Felony Convictions if clean (943.0585(d)) after a 10 year waiting-period starting from date of sealing. 943.0585(h)
  2. Not Eligible:
    1. Sealing not available if convicted of any felony or misdemeanor as adult, and if convicted as a minor (adjudicated as delinquent) of any felony or certain misdemeanors listed in Section 943.059(b)(1)-(13).
    2. Sealing and expunction not available for offenses listed in Section 943.0584.
  3. Lifetime or Other Limits:
    1. Only one offense may be sealed in a person's lifetime. Section 943.059(e).
    2. Only one offense may be expunged in a person’s lifetime. 943.0585(4)(c).
  4. Treatment of Multiple Convictions from the Same Incident:
    1. Multiple arrests (including withheld convictions) may be sealed if they directly relate to the original arrest. Section 943.059(4)(c).
    2. Multiple arrests (including withheld convictions) may be expunged if they directly relate to the original arrest. 943.0585(4)(c).
  5. LFO Payment Required for Sentence Completion: Yes, as part of completion of sentence element, but only if restitution/fines or fees are assessed as part of conditions for initial “Withheld” offense. 943.0585(1)(f).
  6. Other Unmodeled Criteria or Details:
    1. Juvenile Convictions/Non-Convictions

NON-CONVICTIONS:

  1. “Withheld”/Deferred Adjudication for Misdemeanor, Second/Third Degree Felony Convictions if the court determines a person is “not likely” to offend again, without any waiting-period for granting deferred adjudication. Section 948.01(2). Ineligible offenses in section 2.
  2. Ineligible for “Withheld”/Deferred Adjudication for Second Degree Felony Conviction if have previously received “Withheld”/Deferred Adjudication, and for Third Degree if have previously received “Withheld”/Deferred Adjudication twice. Fla. Stat. 775.08435.
  3. Sealing for certain “Withheld”/deferred misdemeanor and felony arrests and charges if clean (Section 943.059(d)) before the date of petition with no stated waiting-period. (Section 943.059).
  4. Expunction for Sealed Misdemeanor/Felony charges that are brought to trial but then dropped, if clean (943.0585(d)) after a 10 year waiting-period starting from date of sealing. 943.0585(h)
  5. Expunction for Sealed Misdemeanor/Felony arrests if clean (943.0585(d)) and no charges filed, charges dismissed before trial, or acquitted, with no waiting-period. 943.0585(1)(h)
  6. For #1-3 above, same ineligible list as Convictions Section 2.
  7. Automatic sealing for Misdemeanor/Felony arrests and charges if no charges filed, charges dismissed/nolle prosequi, or acquitted, with no wait time from date of disposition. 943.0595.
    1. Eligibility: Automatic sealing not available for sex offenses requiring registration (943.0435), and “forcible felonies” (776.08), findings of incompetence to stand trial for reasons of mental illness (916.145), and findings of not guilty by reason of mental insanity. 943.0595(2)(a)(3).
    2. Lifetime limits: No lifetime limit on automatic sealings under this section. 943.0595(2)(b).
  8. Expungement for misdemeanor/felony arrests where arrest was contrary to law or by mistake, with no waiting-period. 943.0581

Partners

The Paper Prisons Initiative is a project of Santa Clara University that is made possible through the support of our collaborators and partners

Contact Us

If you wish to contact us, please fill out the entire form below and press the "Send Message" button. If you wish to sign up for email updates from us, please only fill out your name and email in the form below and press the "Sign Up for Updates" button.

info@paperprisons.org

A project of
Santa Clara University

© 2021 Santa Clara University

Privacy Policy | Terms and Conditions | Cookie Policy