A felony arrest stays on your Florida record indefinitely. Nothing removes it with the passage of time. It comes off only if a court orders the record sealed under Florida Statute 943.059 or expunged under Florida Statute 943.0585, and both require you to petition for it.
The single fact that decides which relief is open to you is whether you were adjudicated guilty. A felony conviction, meaning an adjudication of guilt, cannot be sealed or expunged at all. An arrest that ended in a dismissal, a nolle prosequi, an acquittal, or a plea with adjudication withheld may still qualify. Below is how each route works and what a Florida expungement lawyer does with it.
What Does “Felony” Mean?
Before getting to relief, it helps to place felonies against the other two categories of offense.
- Infractions, also called noncriminal violations, are the least serious. Under Florida Statute 775.082(5), they cannot be punished by jail, only by a fine or other civil penalty. There is no jury trial and no right to appointed counsel.
- Misdemeanors are criminal and are graded first or second degree.
- Felonies are the most serious and are graded capital, life, first, second or third degree.
Misdemeanor penalties come from Florida Statute 775.082(4) and Florida Statute 775.083(1). A second-degree misdemeanor carries up to 60 days in jail and a fine of up to $500. A first-degree misdemeanor carries up to one year in jail and a fine of up to $1,000.
Felony penalties come from Florida Statute 775.082(1) and (3) and Florida Statute 775.083(1). A sentence of probation can be imposed instead of or after prison, but the two together cannot exceed the statutory maximum for the offense.
- A capital felony carries death or life imprisonment with no eligibility for parole, under s. 775.082(1)(a).
- A life felony committed on or after July 1, 1995 carries up to life imprisonment and a fine of up to $15,000, under s. 775.082(3)(a)3.
- A first-degree felony carries up to 30 years and a fine of up to $10,000.
- A second-degree felony carries up to 15 years and a fine of up to $10,000.
- A third-degree felony carries up to five years and a fine of up to $5,000.
Which relief is available to you depends on the disposition of the charge, not on the degree of the felony.
How Long Will a Felony Stay on Your Record in Florida?
A felony arrest that did not end in an adjudication of guilt stays on your record forever unless a court seals or expunges it. There is no expiry date and no automatic removal.
A felony conviction is different. Under Florida Statute 943.0585(1)(d) and Florida Statute 943.059(1)(b), a person adjudicated guilty of any criminal offense in Florida is not eligible for expunction or sealing, and the conviction stays for life. Executive clemency from the Governor and Cabinet sitting as the Board of Executive Clemency is the remaining route for a Florida conviction. A presidential pardon reaches federal convictions only and does nothing for a state felony.
Can You Expunge a Felony Charge From Your Record?
Expunction does not erase the record everywhere. Under Florida Statute 943.0585(6)(a), agencies holding the record must physically destroy or obliterate it, but the Florida Department of Law Enforcement keeps its copy in every case. The FDLE copy is confidential and exempt from public records disclosure, and is released only on a court order. A sealed record under s. 943.059(6)(a) is likewise confidential rather than destroyed, and stays visible to criminal justice agencies and to judges.
You also have to disclose an expunged or sealed arrest in nine situations listed at s. 943.0585(6)(b), including applying to The Florida Bar, applying for work with a criminal justice agency, seeking employment or licensure with agencies such as the Department of Children and Families or the Department of Health, applying to work in a school, and being screened through the Care Provider Background Screening Clearinghouse under s. 435.12. Outside those nine, you may lawfully deny the arrest.
Eligibility for expunction under s. 943.0585(1) requires that no charge was filed, or that the charge was dropped, dismissed, nolle prossed, or ended in an acquittal or a not-guilty verdict. A guilty or no contest plea does not qualify you for expunction. It points you to sealing under s. 943.059 instead, which is available where adjudication was withheld. Under s. 943.0585(1)(g) and (h), a record sealed for at least 10 years can then be expunged if it is otherwise eligible.
How Long Does Expungement Take in Florida?
There is no statutory deadline for either step, so the answer depends on how fast the Florida Department of Law Enforcement processes the certificate and how quickly the court sets the petition. Expect months, not weeks. First you apply to the Florida Department of Law Enforcement for a certificate of eligibility. Under Florida Statute 943.0585(2)(a), the application needs a certified statement from the state attorney, a certified copy of the disposition, and a $75 processing fee. A certificate is valid for 12 months under s. 943.0585(2)(b), so a petition filed after it lapses means reapplying. The certificate alone changes nothing about your record. It is the ticket to file the petition. Prior sealings or expunctions, an adjudication of guilt, or an offense on the ineligible list will get the application denied.
Once the certificate issues, you file a petition with the court, supported by a sworn statement under s. 943.0585(3)(b). Providing false information on that statement is itself a third-degree felony. Different dispositions call for different supporting paperwork, which the FDLE publishes on its website, and getting it wrong is the usual reason a petition stalls.
For instance, one simple mistake on an expungement application form can set you back months, if not longer. If there were multiple agencies involved with your arrest, the process could also be delayed. All involved agencies will need to erase the charge from their records, which can be time-consuming. An attorney can help streamline this process so you can finally stop asking, “How long does a felony stay on your record?”
What Criminal Charges Can be Expunged?
The ineligible offenses are listed by statute, not left to a judge. Florida Statute 943.0584(2) lists the convictions that can never be sealed or expunged, and s. 943.0584(1) defines conviction to include a guilty or no contest plea even where adjudication was withheld. The list includes, among others:
- Arson under s. 806.01
- Murder, manslaughter and vehicular homicide
- Aggravated assault, felony battery, aggravated battery and domestic battery by strangulation
- Assault or battery on a family or household member
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Human trafficking
- Robbery, robbery by sudden snatching, carjacking and home-invasion robbery
- Burglary of a dwelling
- Abuse of an elderly person or disabled adult
- Child abuse and aggravated child abuse
- Sexual battery and any other chapter 794 offense
- Lewd or lascivious offenses involving a person under 16, and sexual performance by a child
- Drug trafficking under s. 893.135 and manufacturing a controlled substance
- Violations of the Florida Communications Fraud Act, s. 817.034
- Terrorism, and any offense that is a predicate for sexual predator or sexual offender registration
An arrest for one of those offenses is not automatically hopeless. The bar in s. 943.0584 applies to convictions as that section defines them. If you were charged but the case was dropped, dismissed or ended in an acquittal, the record may still be expungeable. Juvenile records run on a separate track under s. 943.0515 and s. 943.0582. Which route fits your case depends on the exact disposition on the court docket, which is worth checking before you assume either way.
Speak With a Florida Expungement Lawyer
A felony arrest does not clear itself. If you were never adjudicated guilty, sealing under s. 943.059 or expunction under s. 943.0585 is the way it comes off, and both start with an FDLE certificate of eligibility.
The criminal defense attorneys at Weinstein Legal Team can pull your disposition, tell you which of the two routes your record qualifies for, and handle the certificate application and the petition. Call to find out where your case stands.
