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| Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | |
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| Clearance policy overview | The criminal history record relating to charges not filed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578. | A record relating to a minor who has successfully completed a diversion program can be expunged upon application to the Florida Department of Law Enforcement, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0582(1). | A criminal history record of a minor can be expunged upon application to the Florida Department of Law Enforcement before the minor reaches 21 years of age. Fla. Stat. § 943.0515(1)(b)(2). | A record of a minor classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison will be automatically expunged when the person reaches 26 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(a). | A criminal history record of a minor will be automatically expunged when the person reaches 21 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(b)(1). | A record of an arrest of a minor made contrary to law or by mistake can be expunged upon application to the Florida Department of Law Enforcement. Fla. Stat. § 943.0581, 11C-7.008(1), F.A.C. | Records of a case that did not end with a conviction can be expunged by the court 10 years after a court order sealed the record. Fla. Stat. § 943.0585(2)(h). | Records of arrest or charges for offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583. | A criminal history record will be automatically sealed when an indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(1). | A criminal history record will be automatically sealed if the case was dismissed or nolle prosequi, unless the dismissal was pursuant to Fla. Stat. § 916.145 or Fla. Stat. § 985.19. This applies in cases where a charging document was filed. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(2). | A criminal history record will be automatically sealed if a verdict of not guilty or a judgment of acquittal was rendered by a judge or jury. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(3),(4). | Records maintained by the court clerk can be sealed by the court following the restriction of the criminal history information by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(m)(1). | Records relating to a misdemeanor or series of misdemeanors arising from a single incident can be restricted by the court four years after sentence completion if the defendant has not been arrested for at least four years, excluding arrests for non-serious traffic offenses. Ga. Code Ann. § 35-3-37(j)(4)(A). | Records relating to charges handled through the completion of informal adjustment, mediation, or other non-adjudicatory procedure or to a delinquency petition that was dismissed will be sealed. Ga. Code Ann. § 15-11-701(a). | Records relating to adjudications for committing a delinquent act can be sealed, so long as two years have passed since the petitioner's final discharge and the court determines that the petitioner has been rehabilitated. Ga. Code Ann. § 15-11-701(b). | Records relating to an adjudication for a sex crime can be sealed if such crime resulted from the petitioner being trafficked for sexual servitude or a victim of sexual exploitation. Ga. Code Ann. § 15-11-701(c). | Records relating to a conviction that was vacated or reversed can be restricted by the court if the prosecuting attorney does not retry case within two years of the final order vacating or reversing the conviction. Ga. Code Ann. § 35-3-37(j)(2). | Records relating to a conviction of a person who was not informed of first offender treatment pursuant to 42-8-60, but would have been eligible, can be restricted if the court grants the petition for retroactive exoneration and discharge. Ga. Code Ann. § 42-8-66. | Records relating to a crime that has been granted a pardon from the State Board of Pardons and Paroles as provided in Ga. Code Ann. § 42-9-42 may be restricted as long as the petitioning individual has not been convicted of any crime in any jurisdiction, excluding any conviction for a non-serious traffic offense, since the pardon was granted, and has no pending charged offenses. Ga. Code Ann. § 35-3-37(j)(7). | A defendant convicted of an offense and sentenced while such individual was a victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to restrict said conviction. Ga. Code Ann. § 35-3-37(j)(6). |
| Ineligible Category or Citation | No statutory language regarding ineligible offenses. | To be eligible for expunction under this column, the person must have: (a) participated in a prearrest or postarrest diversion program that expressly authorizes or permits such expunction; (b) participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in Section 741.28; (c) never been charged by the state attorney with, or found to have committed, any criminal offense or comparable ordinance violation. | A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007 may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007 may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007, may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3). | No statutory language regarding ineligible offenses. | See Fla. Stat. § 943.0585. | Any offense listed in § 775.084(1)(b)1. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | There is no statutory language regarding ineligible offenses. | See Ga. Code Ann. § 35-3-37(j)(2) for offenses ineligible for restriction. | No statutory language regarding ineligible offenses. | To be eligible for sealing, the petitioner cannot have: (1) a subsequent conviction for a felony or of a misdemeanor involving moral turpitude; (2) a subsequent adjudication for committing a delinquent act or as a child in need of services; or (3) a proceeding seeking conviction or adjudication pending against the petitioner. Ga. Code Ann. § 15-11-701(b)(2). | No statutory language regarding ineligible offenses. | Does not apply to a vacated or reversed conviction for which the punishment was the death penalty. Ga. Code Ann. § 35-3-37(j)(2). | See section 42-8-60(j) for offenses ineligible for first offender sentencing. | This section does not apply to serious violent felonies as defined in Ga. Code Ann. § 17-10-6.1 or sexual offenses as defined in Ga. Code Ann. § 17-10-6.2. | No statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Automatic | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | A petition may be filed at any time. | A petition may be filed at any time. | A petition may be filed at any time. | The record should be expunged when the person reaches 26 years of age. | The record should be expunged when the person reaches 21 years of age. | The application may be made at any time. | The petition to expunge the record may be filed 10 years after the record is sealed. | There is no waiting period. The petition must be initiated by the petitioner with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4) | There is no waiting period. | There is no waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed five years after sentence completion. | The records should be sealed immediately following the completion of informal adjustment, mediation, or other non-adjudicatory procedure or following the dismissal of the petition. | The petition can be filed two years after the final discharge of the person. | The petition can be filed at any time following the adjudication. | The petition may be filed two years after the final order vacating the conviction. | There is no waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. |
| Fees | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(4). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(1)(b)(2)(a). | A $75 fee must be paid for the certificate of eligibility unless waived. No fee is required for automatic expungement under this column. Fla. Stat. § 943.0582(1)(b)(2)(a). | No fee is required for automatic expungement under this column. | There is no statutory language regarding fees. | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | The clerk of the court may not charge a filing fee, service charge, or copy fee or any other charge for a petition filed under this section. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fee can be charged to file the petition. Ga. Code Ann. § 42-8-66(h). | There is no statutory language on fees. | No fee is permitted to be charged for a petition under this section. |
| Effect | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The subject person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4). | The expungement or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expungement or sealing of a later criminal history record as provided for in sections 943.0583, 943.0585, and 943.059, if the minor is otherwise eligible under those sections. Fla. Stat. § 943.0582(3)(e)(5)(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. Fla. Stat. § 943.0582(2)(a)(1). For further information about the effect of expungement, see Fla. Stat. § 943.0582. | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). | The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16). An application or endorsement under this section is not admissible as evidence in any judicial or administrative proceeding and cannot be construed in any way as an admission of liability in connection with an arrest. Fla. Stat. § 943.0581(6), Fla. Admin. Code r. 11C-7.008(8). | The record is confidential and not available to any person or entity except upon order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6)(a). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b). | The petitioner may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when petitioner is an applicant for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8) | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The clerk of court will cause every document, whether physical or electronic, to be restricted. The person who is the subject of the information can petition for inspection. Ga. Code Ann. § 35-3-37(m). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding shall be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | The court can issue an order retroactively granting first offender treatment and discharge the defendant. Ga. Code Ann. § 42-8-66. A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1 The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. §§ 42-8-62.1(d), (e), (f), (g). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Seal | Shield | Seal | Seal | Seal | Shield | Seal | Shield | Shield |
