Florida Misdemeanor Expungement Attorneys
Reviewed: May 15, 2026
A misdemeanor in Florida can stay on a background check for life unless the record is expunged or sealed. The process is run by the Florida Department of Law Enforcement (FDLE) and the local court. It is paperwork-heavy but follows a clear set of rules.
Quick answer: Misdemeanor in Florida
A misdemeanor in Florida can stay on a background check for life unless the record is expunged or sealed. The process is run by the Florida Department of Law Enforcement (FDLE) and the local court. It is paperwork-heavy but follows a clear set of rules. Key points: Available only once in a lifetime — no prior expungements or sealings Case must have ended without a conviction (dismissal, acquittal, or no-action) Requires a Certificate of Eligibility from FDLE before court will act
At a glance
- ✓ Available only once in a lifetime — no prior expungements or sealings
- ✓ Case must have ended without a conviction (dismissal, acquittal, or no-action)
- ✓ Requires a Certificate of Eligibility from FDLE before court will act
- ✓ Total timeline: typically 9 to 12 months
- ✓ After expungement, you may legally deny the arrest on most job applications
Who qualifies for misdemeanor expungement in Florida?
Florida lets a person expunge a record one time in a lifetime. The charge must have been dropped, dismissed, or ended in a not-guilty verdict — meaning there was no formal conviction. If the case ended with a withhold of adjudication and the conditions were completed, a sealed record (not expunged) is the usual path.
Other common requirements: no prior expunged or sealed record, no current open criminal cases, and a Certificate of Eligibility issued by FDLE before the court will rule on the request.
How does the process work?
First the attorney pulls the case docket and confirms how the charge ended. Then they file an application with FDLE — that includes fingerprints, the court paperwork, and a fee. Once FDLE issues a Certificate of Eligibility (usually several months later), the attorney files a Petition to Expunge with the original court. The state attorney has time to object. If there is no objection and the judge signs the order, the record is expunged.
How long does it take?
The full process typically takes 9 to 12 months. The Certificate of Eligibility from FDLE is the slowest piece. Court paperwork after that usually moves in 60 to 120 days, depending on the county.
How much does it cost?
FDLE filing fee is $75. Court filing fees vary by county but are commonly $42 to $75. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them. More complex cases (multiple charges, out-of-state issues) cost more.
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How to expunge your Florida misdemeanor record
- Obtain case docket and final disposition. Your attorney pulls the official court docket to confirm the case ended in a dismissal, no-action, or not-guilty verdict. If the case ended in a withhold of adjudication, sealing (not expungement) is the correct remedy.
- Request certified disposition from clerk. Get a certified copy of the final court disposition from the clerk of court in the county that handled your case. This official document proves how the case ended and is required for the FDLE application.
- Obtain State Attorney certification. The State Attorney who prosecuted your case must sign Section B of the FDLE application certifying they are aware of your petition and have no objection at this stage. Most attorneys handle this step for you.
- Get fingerprints taken. Visit a Florida law enforcement agency to have a fingerprint card completed. Bring photo ID and the $5–$25 fingerprint fee.
- Submit Certificate of Eligibility application to FDLE. Mail the completed application, certified disposition, State Attorney certification, fingerprint card, and $75 fee (money order or cashier's check) to FDLE. Expect 5-9 months for review. Source
- File Petition to Expunge in circuit court. Once FDLE issues the Certificate of Eligibility, your attorney files a Petition to Expunge in the original circuit court. Court filing fees apply ($42–$75).
- Wait for State Attorney response. The State Attorney reviews the petition and may object. If no objection, the judge typically signs the order without a hearing. If contested, a hearing is scheduled.
- Receive signed court order. Once the judge signs the order, certified copies are sent to FDLE, the Florida Department of Corrections, and other criminal justice agencies. Your record is expunged from public view.
Statutes cited
- Florida Statute § 943.059 — Fla. Stat. § 943.059
- Florida Statute § 943.0584 (Excluded offenses) — Fla. Stat. § 943.0584
Frequently asked questions
Will the expunged misdemeanor show up on a background check?
After the expungement order is signed, most public and employer background checks will no longer show the record. Certain government agencies (law enforcement licensing, child care, some federal jobs) can still see it.
Can I expunge a misdemeanor I was convicted of?
Generally no. Florida expungement requires the case to have ended without a conviction. If you pled guilty or no contest and the court entered a conviction, sealing or expungement is usually not available. A lawyer can confirm whether your case was an adjudication of guilt or a withhold of adjudication — they are very different.
Do I have to appear in court?
In most counties no court appearance is required. The judge reviews the petition on paper. Some counties hold a brief hearing.
What if my misdemeanor was decades ago?
There is no time limit that bars an expungement. Old cases are routinely expunged when the eligibility rules are met. The records may take longer to locate.
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