A mistake from years ago should not define the rest of your life. Yet a single arrest (even one that ended in dismissal, acquittal, or a withhold of adjudication) still surfaces in background checks run by employers, landlords, and licensing boards. Expungement is how Florida and Alabama residents close that chapter for good. The rules governing who qualifies and what the process costs are different on each side of the Escambia River, and getting it wrong can forfeit the one lifetime opportunity a person has to clear a record.
The Law Office of James M. Burns handles expungement petitions throughout Northwest Florida and South Alabama. Attorney James M. Burns is licensed in both states and spent three years as a Florida state prosecutor before founding the firm — experience that matters when determining eligibility and preparing a petition that will survive prosecutorial objection.
What Is the Difference Between Expungement and Sealing in Florida?
In Florida, expungement physically destroys the criminal history record held by most agencies, while sealing makes the record confidential but preserved. Expungement under Florida Statute § 943.0585 applies only to non-convictions. Sealing under § 943.059 covers cases where adjudication was withheld. A person may obtain only one expungement and one sealing in a lifetime.
Florida treats expungement and sealing as two distinct remedies, and the choice between them is dictated by how the underlying case resolved. Florida Statute § 943.0585 governs expungement, which is only available when a case ended without a conviction: charges were not filed, were dismissed, were dropped as nolle prosequi, resulted in a not-guilty verdict, or ended in acquittal.
Sealing, governed by Florida Statute § 943.059, is broader. It is available when the court withheld adjudication after a plea or trial — a resolution that, under Florida law, is not a conviction even though the case ended with some form of admission or finding. A sealed record remains in existence but is confidential; an expunged record is physically destroyed by most holding agencies and retained only by the Florida Department of Law Enforcement in a confidential archive.
The lifetime limit is what makes these choices irreversible. A person gets one expungement and one sealing, ever — so deciding which to pursue, and in what order, is a strategic question that should not be made without counsel familiar with both pathways.
Who Is Eligible for Expungement in Florida?
A person is eligible for Florida expungement if they have never been adjudicated guilty of any Florida criminal offense, have no prior sealing or expungement on their record, have completed any court supervision, and the underlying case ended in dismissal, nolle prosequi, acquittal, or non-filing. Certain serious offenses listed in § 943.0584 are categorically ineligible.
Florida eligibility runs in layers. Each must be satisfied:
- No Florida convictions. The petitioner cannot have ever been adjudicated guilty of any criminal offense in Florida, and cannot have been adjudicated delinquent for a serious juvenile offense.
- No prior expungement or sealing. One expungement and one sealing per lifetime, period.
- Court supervision completed. No ongoing probation or community control on the case being cleared.
- Eligible case disposition. The case ended in no-file, dismissal, nolle prosequi, acquittal, or not-guilty verdict.
- Not on the ineligible list. Florida Statute § 943.0584 categorically excludes a long list of offenses from expungement and sealing, even when adjudication was withheld.
The process begins with an application to the Florida Department of Law Enforcement for a Certificate of Eligibility. The FDLE application requires a $75 fee, certified disposition records, a fingerprint card, and a written statement from the Office of the State Attorney for the 1st Judicial Circuit (for cases filed in Escambia, Santa Rosa, Okaloosa, or Walton Counties) confirming the disposition meets statutory criteria.
How Does Alabama’s Expungement Law Work?
Alabama expungement is governed by Title 15, Chapter 27. The 2021 REDEEMER Act significantly expanded eligibility to include certain non-violent misdemeanor convictions after a three-year waiting period, pardoned felony convictions after 180 days, and all non-conviction records after 90 days. Filing occurs in the circuit court of the county where the charges originated.
Alabama’s expungement framework changed dramatically with the 2021 REDEEMER Act (Record Expungement Designed to Enhance Employment and Eliminate Recidivism), codified at Alabama Code § 15-27-1 and related sections. Non-conviction records have always been eligible; the 2021 amendment added conviction-based pathways that previously did not exist.
The current eligibility structure:
- Non-conviction records (dismissed with prejudice, no-billed by grand jury, not-guilty verdict, nolle prosequi without conditions) — eligible 90 days after disposition.
- Charges dismissed without prejudice — eligible one year after dismissal, provided the charge was not refiled, and the person has no new convictions in the intervening two years.
- Successful completion of diversion (drug court, mental health court, veterans court, or other deferred prosecution program) — eligible one year after program completion.
- Misdemeanor convictions — eligible three years after completion of the sentence, including full payment of fines, costs, and restitution. Lifetime limit of two misdemeanor conviction expungements.
- Felony convictions — eligible only after a full pardon from the Alabama Bureau of Pardons and Paroles, plus 180 days, plus full restoration of rights. Lifetime limit of one felony conviction expungement.
Petitions are filed in the circuit court of the county where the charges originated; Baldwin County Circuit Court in Bay Minette for cases from Foley, Gulf Shores, Orange Beach, Daphne, or Fairhope, and Mobile County Circuit Court for cases from Mobile or Saraland. The petition must include a certified criminal record from the Alabama Law Enforcement Agency (ALEA), a certified case action summary from the originating court, and a sworn statement. Alabama’s administrative filing fee is $500 per arrest, with indigency-based fee waivers available.
Which Offenses Cannot Be Expunged in Either State?
Both Florida and Alabama exclude serious offenses from expungement even when all other eligibility criteria are met. Violent felonies, sex offenses, child abuse, serious traffic offenses such as DUI, and crimes involving moral turpitude are categorically ineligible in both states. Florida’s ineligible list in § 943.0584 is longer than Alabama’s, but the protected categories overlap substantially.
Florida’s § 943.0584 ineligibility list is long and specific. It covers violent felonies classified as such under Florida law, sex offenses, child abuse, domestic violence, stalking, manslaughter, kidnapping, human trafficking, homicide, robbery with a weapon, carjacking, home invasion, burglary of a dwelling, arson, and others. These offenses cannot be sealed or expunged even when adjudication was withheld.
Alabama’s excluded categories under § 15-27-1 and § 15-27-2 include violent offenses as defined by Alabama Code § 12-25-32, registrable sex offenses under § 15-20A-5, crimes of moral turpitude under § 17-3-30.1, and serious traffic offenses — a category that critically includes DUI. Alabama does not allow DUI convictions to be expunged, regardless of how many years have passed or how clean the subsequent record has been.
How Long Does the Expungement Process Take?
From start to finish, a Florida expungement typically takes 6 to 10 months: 12–16 weeks for FDLE to issue the Certificate of Eligibility, then 2–4 months for the court petition, hearing, and order distribution. Alabama expungements generally resolve in 2 to 6 months, depending on whether the district attorney objects and whether a hearing is set.
Florida timelines are bottlenecked by the FDLE Certificate of Eligibility step, which cannot be skipped. Once the certificate arrives, the petition is drafted and filed with the clerk’s office of the originating court. The State Attorney’s Office is served and has an opportunity to object. If the prosecutor does not object and the file is clean, the judge may rule on the papers. If objections are filed, a hearing is set, and the petition may be litigated.
Alabama is faster on the front end because there is no FDLE-equivalent certificate requirement, but slower if the district attorney or victim objects. Under § 15-27-5, the court rules without a hearing only when no objections are filed; any objection forces a hearing and extends the timeline.
How Much Does Expungement Cost in Florida and Alabama?
Florida charges a $75 FDLE Certificate of Eligibility fee plus a court filing fee of roughly $42. Alabama charges a $500 administrative filing fee per arrest under § 15-27-4, with indigency-based fee waivers available. Attorney fees are separate and vary with case complexity — uncontested petitions cost less than those facing prosecutorial objection.
The hard costs differ significantly. Florida’s front-end costs run about $120 for most straightforward petitions. Alabama’s $500 per-arrest filing fee is paid once per arrest, regardless of how many charges arose from it, meaning a single bad night in Gulf Shores that generated three charges costs the same $500 as a single-charge arrest. Both states offer indigency waivers, though the standards differ.
Attorney fees vary with case complexity. A straightforward expungement of dismissed charges with a clean subsequent record takes a few hours of attorney work. A contested petition — one where the prosecutor objects or where the offense is at the edge of eligibility — can require hearings, briefing, and witness preparation that run considerably higher.
What Does Expungement Do (and What Does It Not Do)?
An expunged record is legally treated as if it never occurred for most purposes. A person with an expunged record may lawfully deny the arrest on most job applications. However, expungement does not restore firearm rights, does not shield the record from law enforcement or the judiciary, and does not eliminate disclosure obligations for bar admission, certain professional licensing, or federal security clearances.
Once an expungement or sealing order is entered, the legal effect is substantial. The petitioner may lawfully deny the arrest on most employment applications, rental applications, and similar inquiries. Florida’s § 943.0585(4)(c) immunizes the petitioner from perjury charges for failing to recite an expunged record.
The exceptions matter. Expungement does not:
- Restore firearm rights — under federal 18 U.S.C. § 922(g) and Alabama Code § 15-27-15, a felony conviction continues to disqualify the person from firearm possession until a pardon with firearm rights restoration issues
- Eliminate disclosure obligations when applying to the Florida Bar, Alabama State Bar, or regulated professional licensure
- Shield the record from law enforcement, prosecutors, or judges in future criminal proceedings
- Prevent disclosure for applicants seeking employment with a law enforcement or criminal justice agency
- Affect federal security clearance investigations conducted for service members at NAS Pensacola, Corry Station, NAS Whiting Field, or Eglin Air Force Base
Can Federal Criminal Records Be Expunged?
Federal law does not provide a general expungement remedy. Federal criminal records cannot be expunged in most circumstances, and federal courts have consistently held that they lack inherent authority to expunge a conviction once entered. Narrow statutory exceptions exist for certain first-time drug possession cases under 18 U.S.C. § 3607 and for records of unconstitutional arrests.
There is no federal equivalent of Florida Statute § 943.0585 or Alabama Code § 15-27-1. Federal law recognizes expungement only in narrow circumstances — most notably for first-time simple drug possession under 18 U.S.C. § 3607, and for arrests later determined to be unconstitutional. For most federal convictions, the only remedy is a presidential pardon, which does not erase the underlying record but does restore civil rights.
What Should You Do Before Filing an Expungement Petition?
Before filing an expungement petition, verify the case disposition with certified court records, confirm eligibility against the applicable statute, consider strategic timing of any prior sealing, and avoid new charges that would disqualify the petition. A denied petition consumes court resources and can complicate a future attempt.
Expungement petitions reward preparation. Key steps before filing:
- Pull certified court records. Clerks of court produce certified case action summaries that document the final disposition. These are the foundations of the petition.
- Run a complete criminal history. Order an FDLE or ALEA certified criminal record. A petition that overlooks a disqualifying prior adjudication will be denied.
- Decide whether to seal first. In Florida, a 10-year sealing can later be converted to an expungement under § 943.0585(1)(h). That path preserves future flexibility but burns the lifetime sealing allocation.
- Avoid new arrests. A new arrest during the pendency of an expungement petition can moot eligibility and waste the filing fee.
- Anticipate prosecutorial objection. The State Attorney’s Office or District Attorney’s Office may object based on victim input, public interest, or the facts underlying the dismissal.
Contact The Law Office of James M. Burns Today
Expungement is a one-time opportunity in Florida and a limited one in Alabama. Getting it right the first time matters. If you have a Northwest Florida or South Alabama record you are trying to clear, our firm can help.
Attorney James M. Burns brings dual-state licensure in Florida and Alabama and more than 25 years of Gulf Coast courtroom experience, including three years as a Florida state prosecutor. Our solo practice means clients work directly with Attorney Burns at every stage. Initial consultations are free and confidential. Call (850) 457-6002 to discuss your case.
Frequently Asked Questions
Will an expungement restore my firearm rights?
No. An expungement does not restore firearm rights in either state. Federal firearm disability under 18 U.S.C. § 922(g) attaches to any felony conviction and is not lifted by expungement. In Alabama, § 15-27-15 specifically preserves the firearm disability. Restoring gun rights requires a full pardon with firearm rights restoration, which is a separate proceeding.
Can I still be asked about an expunged record on a job application?
For most private employment, you may lawfully answer “no” to questions about arrests or convictions that have been expunged or sealed. Exceptions apply when applying to law enforcement agencies, to the Florida Bar or Alabama State Bar, or for certain regulated professional licenses, where disclosure is statutorily required. Always confirm disclosure obligations with counsel before completing a sensitive application.
How many records can I expunge in my lifetime?
In Florida, one expungement and one sealing — period. In Alabama, up to two misdemeanor conviction expungements and one felony conviction expungement, plus unlimited non-conviction expungements, though each arrest event requires a separate petition and its own $500 filing fee.
Can a DUI be expunged in Florida or Alabama?
A DUI conviction cannot be expunged in either state. In Florida, DUI is listed as a serious traffic offense that appears on the § 943.0584 ineligible list. In Alabama, DUI is a “serious traffic offense” specifically excluded by § 15-27-1 and § 15-27-2. A DUI arrest that was dismissed or resulted in acquittal, however, may be eligible for expungement as a non-conviction record.
What happens if my expungement petition is denied?
Denials can occur even after a Certificate of Eligibility is issued, because Florida judges retain discretion. A denial does not end the inquiry — in some cases, a renewed petition with additional supporting evidence or a longer waiting period can succeed. An appeal may also be available. The next step is a candid review with counsel of why the denial was entered.
