Can Adjudication Withheld Be Expunged in Florida?

Yes, a withheld adjudication in Florida can be expunged, but not directly. Florida law requires a two-step path: first seal the record, then wait at least 10 years with a clean history before petitioning to have it expunged.¹ Sealing is available soon after you finish your sentence conditions; expungement is the long game. Whether you can start at all depends on the offense itself, your prior history, and whether you’ve ever used Florida’s one-record-per-lifetime relief before.

Why Sealing Comes First

You cannot skip sealing and petition straight for expungement of a withheld-adjudication case. The statute is explicit: the record has to have been sealed for a minimum of 10 years before an expungement petition is even considered.¹

The two remedies do different things. A sealed record is confidential; the public, most employers, and landlords lose access to it through standard background checks, though certain criminal justice and licensing agencies still can. An expunged record is physically destroyed by the agencies that hold it. The Florida Department of Law Enforcement (FDLE) keeps one confidential copy to verify you have used your one-time eligibility, but that copy is invisible to background checks.

Who Can Seal a Withheld-Adjudication Record

Every one of these boxes has to be checked before the FDLE will issue the Certificate of Eligibility you need to start the court process. Miss any and the application fails.

You have never been adjudicated guilty of any criminal offense in Florida. A single formal conviction anywhere in the state’s records disqualifies you, even for something unrelated and minor.²
You have never had another Florida record sealed or expunged. Florida allows one seal or expungement per person, per lifetime, under any current or former statute.²
Adjudication was actually withheld on every charge from that arrest. If the judge adjudicated you guilty on any related count, sealing is off the table.
You have completed all court supervision, including probation, fines, court costs, and restitution.²
The offense itself is not on Florida’s list of charges permanently barred from sealing.

Charges That Can Never Be Sealed

Florida has a separate statute listing offenses that cannot be sealed or expunged, and for purposes of that list the state defines “conviction” to include cases where adjudication was withheld.³ That is the trap: your case ended without a formal conviction, but the disqualification statute treats it as one anyway. If your charge appears on the list, no amount of good behavior will make it eligible, and the judge has no discretion to override it.

The barred offenses include murder, manslaughter, kidnapping and false imprisonment, human trafficking, sexual battery and other Chapter 794 sex offenses, aggravated assault, aggravated battery, domestic violence assault or battery, stalking, child abuse, abuse of an elderly or disabled adult, arson, burglary of a dwelling, robbery, carjacking, home-invasion robbery, drug trafficking, manufacturing controlled substances, terrorism, lewd or lascivious offenses involving minors or elderly persons, and any offense that triggers sexual predator or sexual offender registration.³ The full list runs to more than 30 categories. DUI is also barred from sealing under a separate provision in Florida’s DUI statute, even when adjudication was withheld.

Confirm your specific charge against the statute before spending money on the application.

How to Seal the Record

Getting the FDLE Certificate of Eligibility

Every seal or expunge case starts at the FDLE. You submit an application package that includes a notarized application, a full set of fingerprints taken by an authorized law enforcement agency, a certified copy of the final disposition for every charge you want sealed (from the clerk of court in the county of origin), and a nonrefundable $75 fee by money order, cashier’s check, or personal check payable to FDLE.⁴

The FDLE runs state and national background checks against the application. As of early 2026, processing takes at least 12 weeks, and paperwork errors can double that. If everything clears, the FDLE issues a Certificate of Eligibility valid for 12 months. Miss that window and you start over.

Filing the Petition in Court

With the certificate in hand, file a Petition to Seal with the clerk of court in the county where the original charge was filed. A separate court filing fee applies and varies by county. The packet includes the original FDLE certificate, a sworn affidavit of your eligibility, and a proposed order.

The State Attorney’s Office is notified and can object. If the prosecutor opposes, the judge holds a hearing. Under Florida case law, a judge cannot deny a sealing petition on vague grounds like the nature of the offense without pointing to actual evidence at the hearing; if the State puts forward no evidence that you pose a public-safety risk, the petition generally must be granted for withheld-adjudication cases. A denial without a substantive explanation can be appealed.

When the petition is granted, the court orders the clerk, the arresting agency, the prosecutor, and the FDLE to seal the record, and the case drops out of public background searches.

The 10-Year Wait and Moving to Expungement

After the record has been sealed for at least 10 years, you can petition to have it expunged. The clock starts on the date the court entered the sealing order, and new arrests or charges during that period can disqualify you.¹

The mechanics repeat: a new FDLE application, another $75 fee, another Certificate of Eligibility, and a Petition to Expunge filed in the same county court. The one-record-per-lifetime rule still governs, with one important carve-out: converting your already sealed record into an expunged one does not count as a second use of your eligibility.¹

Once granted, the court orders the arresting agency, the prosecutor, and the FDLE to physically destroy their records. The FDLE keeps one confidential copy solely to track that you have used your eligibility. Your right to deny the arrest becomes even stronger than after sealing, subject to the same categories of exceptions.

What Sealing and Expungement Actually Do for You

Once your record is sealed, Florida law lets you lawfully deny or refuse to acknowledge the arrest in most situations. A standard job application asking about criminal history: you can answer no. A rental application: same.²

You still have to disclose a sealed record when:

Applying for a job with a criminal justice agency, including police, prosecutors, and corrections
Applying for admission to the Florida Bar
Seeking employment or licensure with agencies serving children, the elderly, or disabled adults, such as the Department of Children and Families, the Agency for Health Care Administration, or the Department of Juvenile Justice
Seeking employment or licensure with the Department of Education or any school district
Being a defendant in a criminal case
Filing a future petition to seal or expunge a different record²

Background investigators for state and federal security clearances can also access sealed records. The practical takeaway: sealing works well for private-sector jobs and housing but leaves real gaps for government and regulated-industry work.

A Note on Firearm Rights

A withheld adjudication is not a formal conviction under Florida law, which is why sealing and expungement stay on the table. Federal law is a separate question. Under 18 U.S.C. § 922(g)(1), anyone “convicted” of a crime punishable by more than one year in prison is prohibited from possessing firearms.⁵ Federal law looks to the law of the state where the case was handled to decide what counts as a conviction.⁶ Because Florida explicitly treats a withheld adjudication as a non-conviction, it generally should not trigger the federal prohibition, but outcomes have been inconsistent in practice. If your underlying charge was a felony, talk to a firearms attorney before buying or possessing a gun.

Do Not Lie on the Affidavit

The sworn affidavit filed with your petition is treated seriously. Knowingly providing false information on it is a third-degree felony in Florida, punishable by up to five years in prison.² Claiming no prior sealing when one exists, or claiming no prior adjudication of guilt when the record shows one, will surface in the FDLE background check. The consequence of getting caught is far worse than a denied petition.

1
The Florida Legislature. Florida Code 943.0585 – Court-Ordered Expunction of Criminal History Records
2
The Florida Legislature. Florida Code 943.059 – Court-Ordered Sealing of Criminal History Records
3
Justia Law. Florida Code 943.0584 – Criminal History Records Ineligible for Court-Ordered Sealing or Expungement
4
Florida Department of Law Enforcement. Applying for a Certificate of Eligibility for Court-Ordered Sealing or Expungement
5
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
6
Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions