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| Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Georgia | |
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| Clearance policy overview | Records relating to offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583. | Records relating to a case dismissed after the successful completion of pretrial substance abuse education and treatment intervention program pursuant to section 948.08(6) for a nonviolent felony can be expunged by the court. Fla. Stat. § 948.08(6)(d). | Records relating to a case dismissed after successful completion of a pretrial veterans' treatment intervention program pursuant to section 948.08(7) for a felony offense can be expunged by the court. Fla. Stat. § 948.08(7)(b). | Records relating to a case dismissed after successful completion of a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1) can be expunged by the court. Fla. Stat. § 948.16(1)(b). | Records relating to a case dismissed after the successful completion of a misdemeanor pretrial veterans' treatment intervention program pursuant to section 948.16(2) can be expunged by the court. Fla. Stat. § 948.16(2). | Non-judicial records of an arrest made contrary to law or by mistake will be administratively expunged by the Department of Law Enforcement upon application, so long as the application is supported by the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred. Fla. Stat. § 943.0581, 11C-7.008, F.A.C. | A criminal history record relating to arrests or law enforcement interaction for alleged offenses for which charges were not filed may be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059(1)(c). | The criminal history record relating to an arrest or other law enforcement interaction for which charges were not filed may be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585. | 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). |
| Ineligible Category or Citation | Any offense listed in § 775.084(1)(b)1. | For charges ineligible for pretrial intervention, see section Fla. Stat. § 948.08(6). For charges ineligible for expungement, see Fla. Stat. § 943.0585. | For charges ineligible for pretrial intervention, see section 948.08(7) and section 948.06(8)(c). For charges ineligible for expungement, see section 943.0585 and section 943.0584.. | For charges eligible for pretrial substance abuse education and treatment intervention, see section 948.16(1). For charges ineligible for expungement, see section 943.0585. | For charges ineligible for expungement, see section 943.0585. | There is no statutory language regarding ineligible offenses. | For the list of offenses ineligible for sealing under this column, see Fla. Stat. § 943.0584. | For the list of offenses ineligible for expunction under this column, see Fla. Stat. § 943.058. The person is ineligible for expunction under this column if the person: (a) been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains or (b) is under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains. | 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. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based |
| Waiting Periods | 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). | The petition may be filed immediately upon dismissal of the charges. | The petition may be filed immediately upon dismissal of the charge. | The petition may be filed immediately upon dismissal of the charge. | The petition may be filed immediately upon dismissal of the charge. | The written application may be filed at any time. | A petition can be filed at any time. | The petition can be filed at any time. | 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. |
| Fees | 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 a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is no statutory language regarding fees. | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.059(2)(b). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(a). | 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. |
| Effect | Petitioner can 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 record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The non-judicial record of arrest is expunged. 11C-7.008, F.A.C. | A criminal history record of a minor that was ordered sealed by a court is confidential and exempt from inspection as a public record. It is available only to the person who is the subject of the record, their attorney, criminal justice agencies, judges, or to the entities specified in Fla. Stat. § 943.059(6)(a). The subject person can 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). | 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(6). 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 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). For further information about the effect of expungement, see Fla. Stat. § 943.0585(6). | 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). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Seal |
