Your Arrest Is Not Supposed to Follow You Forever

Florida law recognizes something many people forget after they walk out of a courthouse: an arrest is not the same as guilt, and even a conviction should not always haunt someone for the rest of their life. Whether you were arrested and never charged, had charges dropped, or received a withhold of adjudication, that record can quietly follow you into job applications, housing searches, and background checks for years. Fortunately, Florida offers two legal remedies, sealing and expunging, that can help you close that chapter for good.

Sealing Versus Expunging

These two terms are often used interchangeably, but they are not the same thing. Sealing a record hides it from public view, though certain government agencies, courts, and law enforcement can still access it under specific circumstances. Expunging a record goes further. Once a record is expunged, it is physically destroyed by most agencies, and in nearly all situations you can legally deny that the arrest ever happened.

Under Florida Statute 943.0585, the courts have authority to order the expunction of a criminal history record for someone who meets certain eligibility requirements, including that the case did not result in a conviction or that adjudication was withheld for a qualifying offense. Sealing, addressed under a related statute, tends to apply more broadly, including in some cases where adjudication was withheld even for more serious charges.

Who Actually Qualifies

Eligibility is where most people get tripped up. Before a judge will even consider sealing or expunging a record, the Florida Department of Law Enforcement must issue a certificate of eligibility. That certificate confirms things like whether the charge falls into a category that is barred from relief altogether, whether you have already had a prior record sealed or expunged, and whether you are currently under court supervision related to the arrest.

Certain offenses, including many violent felonies and sex crimes, are simply not eligible no matter the outcome of the case. Others become eligible only after a waiting period or only if the case never proceeded to a formal charge. This is not a process where guessing is a good strategy. One incomplete application or a missed disqualifying detail can mean starting over months later.

What Happens Once the Record Is Cleared

Once a judge grants an order to seal or expunge, the record disappears from standard background checks used by most employers, landlords, and licensing boards. It does not disappear everywhere. Certain government agencies, including those handling professional licensing in fields like healthcare, education, or law enforcement, may still see the sealed information in limited circumstances. Understanding those exceptions ahead of time helps set realistic expectations about what a clean slate actually looks like.

Moving Forward With a Clean Slate

An old arrest should not be the reason a job offer falls through or an apartment application gets denied. If you believe you may qualify to have your record sealed or expunged, the process rewards careful preparation and a clear understanding of Florida’s eligibility rules. Julia Kefalinos and our Miami criminal defense attorneys have helped clients throughout Miami-Dade and Broward County put old arrests behind them and move forward with confidence. To discuss your situation, schedule a confidential consultation in our Miami office today.

Source:

flsenate.gov/Laws/Statutes/2025/943.0585