Yes, many juvenile records in Florida can be sealed or expunged, but there isn’t one single process that applies to all cases. What’s available depends on how the case ended, what the underlying offense was, and how old the person is right now.
Because these rules stack on top of each other in ways that aren’t obvious from an online search, talking with an attorney early, before filing anything, is usually the fastest way to find out which category actually applies. Filing under the wrong section, or filing an early expungement application without the required State Attorney sign-off already in hand, can burn months and, in some cases, use up a one-time opportunity.
Sealing vs. Expunging: What’s the Difference
Florida treats sealing and expunging as two different levels of relief, and the terms aren’t interchangeable.
A sealed record is hidden from the general public, but it still exists. Certain government agencies, including law enforcement, the courts, the Florida Bar, and agencies that license people to work with children or vulnerable adults, can still access a sealed record under specific circumstances.
An expunged record goes further. The court record is physically destroyed, and FDLE’s file reflects only that a record “has been expunged pursuant to Florida Statutes 943” if a qualifying agency asks. In most everyday situations, someone whose record was expunged can lawfully answer no if asked whether they’ve ever been arrested or charged.
Which one applies depends on how the case ended. Under Fla. Stat. § 943.0585, expunction generally requires that charges were dropped, dismissed, or resulted in a not-guilty finding. If a plea was entered and adjudication was withheld, sealing is typically the available remedy instead. Rentz Law’s expungement and record sealing practice covers both tracks for clients across Central Florida.
Why a Juvenile Record Doesn’t Just Disappear at 18
A common misconception is that turning 18 wipes the slate clean. It doesn’t. FDLE is required to maintain juvenile criminal history records, and those records can still surface in certain background checks, including for schools, licensing boards, and agencies that work with children, well into adulthood, unless the record is sealed or expunged. Florida law does build in automatic relief for many juvenile records, but it isn’t instant, and it isn’t unconditional.
Automatic Expungement at Age 21 (or 26)
Under Fla. Stat. § 943.0515, FDLE will automatically expunge a person’s juvenile criminal history record once they turn 21. If the person was classified as a serious or habitual juvenile offender, or was committed to a juvenile correctional facility, that timeline extends to age 26.
This automatic relief isn’t absolute. It doesn’t apply if:
- The person was later charged with or convicted of a forcible felony as an adult (Florida defines this list, including offenses like robbery, aggravated battery, and burglary, in Fla. Stat. § 776.08)
- The juvenile was adjudicated as an adult for a forcible felony at any point
- The person was designated a sexual offender for an offense committed on or after July 1, 2007
Early Expungement Between Ages 18 and 21
A person doesn’t always have to wait until they’re 21 years old to have their record expunged. Under the same statute, someone at least 18 but not yet 21 years old may apply to FDLE for early expungement, provided they haven’t been charged with or found to have committed any criminal offense in the five years before applying. This track requires sign-off from the State Attorney’s office in every circuit where a qualifying offense occurred, which takes coordination if the underlying case moved through more than one county.
Juvenile Diversion Program Expungement
If the case never resulted in a formal adjudication because it was resolved through a pre-arrest or post-arrest diversion program, a separate and generally faster path exists under Fla. Stat. § 943.0582.
To qualify, the arrest has to have been for a misdemeanor, or for a felony other than a forcible felony or one involving a firearm or weapon, and the diversion program has to have been completed successfully. The application must be filed within six months of completing the program, signed by a parent or guardian (or by the person themselves if they’re 18 or older), and accompanied by a written statement from the State Attorney confirming completion. FDLE charges a $75 processing fee for this track, waivable in some circumstances; that’s a state fee, not a law firm charge.
Completing a diversion program and later expunging that record under this section doesn’t count as a person’s one-time expungement or sealing under the general adult statutes, which matters if that same person ever needs to seal or expunge an adult record later on.
Court-Ordered Sealing or Expungement
Some juvenile records don’t qualify for automatic or diversion-based relief and instead follow the same general track available to adults, through Fla. Stat. § 943.059 (sealing) and § 943.0585 (expungement).
The process runs in two stages. First, an application goes to FDLE for a Certificate of Eligibility, confirming the record meets the statutory criteria. Once that certificate is issued, the second stage is a petition filed with the circuit court in the county where the case was handled: for Orange County that’s the Ninth Judicial Circuit, for Seminole County it’s the Eighteenth. A judge has discretion to grant or deny the petition even when someone is technically eligible.
What Can Disqualify a Record From Relief
A handful of factors can take sealing or expungement off the table entirely, or narrow it significantly:
- Adjudication of delinquency for certain felonies or specified misdemeanors, unless that record was already automatically expunged under § 943.0515
- A later adult conviction for a felony or certain misdemeanors
- Offenses on Florida’s statutory list of non-sealable, non-expungable charges, which includes many sexual offenses regardless of whether adjudication was withheld
- A prior sealing or expungement already used under the general adult statutes (Florida generally allows this only once in a lifetime, though automatic and diversion-based juvenile relief doesn’t count against that limit)
Because these rules interact rather than standing alone, the same facts can produce different outcomes depending on the order events happened in and which statute ends up applying.
What to Do Next in Orange or Seminole County
Families dealing with a juvenile case, and young adults trying to clear an old one, benefit from figuring out which category their record falls into before filing anything. That means pulling the actual disposition (the case’s outcome, not just the original charge), confirming the person’s current age against the relevant thresholds, and checking whether a diversion program was involved. If probation is still active, resolving it first, potentially by petitioning for early termination, is often a necessary step before record relief becomes available at all.
Carrie Rentz provides juvenile defense representation across Orange and Seminole Counties, from the initial arrest through the eventual record relief process, and personally handles every case without handing it off to a case manager. If a juvenile record, past or present, is standing in the way of a job, a school application, or peace of mind, call (407) 214-3878 to schedule a free consultation.
Frequently Asked Questions
Does a Juvenile Record Disappear When My Child Turns 18?
No. FDLE continues to maintain juvenile records after 18, and they can surface in certain background checks. Florida law provides for automatic expungement at 21, or 26 in some cases, but that isn’t the same as the record vanishing the moment someone becomes an adult.
What Is the Real Difference Between Sealing and Expunging?
A sealed record is hidden from the general public but still exists and remains accessible to specific government agencies. An expunged record is destroyed, and in most situations, the person can lawfully deny the arrest or charge ever happened.
Can a Diversion Program Get a Juvenile Record Expunged?
Often, yes. Completing a pre-arrest or post-arrest diversion program for a qualifying misdemeanor or non-forcible felony opens up expungement under Fla. Stat. § 943.0582, provided the application is filed within six months of completing the program.
What Offenses Cannot Be Sealed or Expunged in Florida?
Florida law excludes certain offenses outright, including many sexual offenses, regardless of the case outcome. A forcible felony committed as an adult, or an adult conviction after the juvenile case, can also block relief for the earlier record.
Do I Need an Attorney to Seal or Expunge a Juvenile Record?
It isn’t legally required, but the process involves multiple statutes that interact with each other, a Certificate of Eligibility from FDLE, and often a circuit court petition. An attorney familiar with Orange and Seminole County procedures can confirm which track applies before anything is filed.
Will an Old Juvenile Record Affect College or Job Applications?
It can, if the record hasn’t been sealed or expunged. Background checks run by schools, employers, and licensing boards may still turn up an unresolved juvenile record well into adulthood.
This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Contact Rentz Law directly to discuss the facts of your specific situation.
Attorney Carrie L. Rentz has practiced law in Florida since 2004. She began as an Assistant State Attorney for the 18th Judicial Circuit, handling misdemeanors and later felonies, before discovering her passion for defending the accused. After working part-time with the Office of Criminal Conflict and Civil Regional Counsel while managing her private practice, she transitioned to running her firm full-time. She has since handled thousands of criminal cases—focusing on drug crimes, sex crimes, domestic violence, theft, and juvenile offenses—and earned a 10.0 Superb Avvo Rating, ranking her among the National Trial Lawyers’ Top 100 Trial Attorneys.