by Dunn Law Firm | Aug 31, 2026 | Blog, Criminal Defense, Domestic Violence, Drug Offense, Florida DUI
Short answer: sometimes—but the result of the case matters more than the name of the charge. A dismissed DUI, battery, or drug-possession case may be eligible for expungement. A simple battery or possession case resolved with a withhold of adjudication may be eligible for sealing. A DUI conviction cannot ordinarily be sealed because Florida requires adjudication for a DUI conviction.
Florida’s rules are technical, and one overlooked prior case can change the answer. This guide explains the ordinary court-ordered process. For an individual review, visit our Florida record sealing and expungement page or call (941) 866-4352.
First: sealing and expungement are different
Sealing generally makes an eligible criminal-history record confidential and unavailable to the public. Certain government, licensing, and related entities identified by statute may still access the record or require disclosure.
Expungement generally requires criminal justice agencies to destroy or obliterate their copies, while FDLE retains a confidential copy. Most entities that could see a sealed record receive only notice that a record was expunged, unless a court orders access.
Neither process automatically removes copies that private websites obtained before the order, and neither eliminates every statutory disclosure exception.
Can a DUI be sealed or expunged in Florida?
A DUI conviction cannot ordinarily be sealed or expunged. Florida Statute § 316.656 prohibits a court from withholding adjudication for a violation of the DUI statute. Because a DUI conviction results in adjudication, it does not fit the ordinary sealing route.
But the arrest may still be eligible for expungement if the DUI charge was:
- never filed;
- dismissed or dropped;
- resolved by a judgment of acquittal; or
- resolved by a not-guilty verdict.
Every other eligibility requirement must still be satisfied. A separate charge arising from the same arrest can also affect the analysis. Someone whose DUI was reduced to reckless driving, for example, needs the reckless-driving disposition and the complete arrest record reviewed—not merely the original DUI charge.
If you are dealing with a pending DUI rather than an old record, see our Sarasota and Manatee DUI defense guide. The administrative driver’s-license process can begin immediately and is separate from later record-clearing questions.
Can a battery charge be sealed or expunged?
Simple misdemeanor battery may be eligible in some cases.
- A simple battery charge that was dismissed, not filed, or ended in acquittal may be eligible for expungement.
- A simple battery case resolved with a lawful withhold of adjudication may be eligible for sealing after all supervision is complete.
- A battery adjudication of guilt generally prevents ordinary sealing or expungement.
Do not assume every “battery” case receives the same answer. Florida’s ineligible-offense statute separately identifies felony battery, domestic battery by strangulation, aggravated battery, and other serious offenses. The charging document, statutory subsection, and final disposition must be compared with the current statute.
The phrase domestic violence also does not answer the question by itself. It describes the relationship and category of conduct. A dismissed allegation of simple domestic battery can present a different eligibility question from a plea to domestic battery by strangulation.
Can a drug-possession charge be sealed or expunged?
Simple drug possession may be eligible, depending on the disposition.
- If the possession charge was dismissed, not filed, or ended in acquittal, expungement may be possible.
- If adjudication was withheld on an otherwise eligible possession charge, sealing may be possible after probation or other supervision ends.
- If the person was adjudicated guilty, ordinary sealing or expungement is generally unavailable.
Quantity and charge matter. A simple possession case is not the same as trafficking under Florida Statute § 893.135, and statutorily excluded offenses remain ineligible even when the person received a withhold. Review the actual information or charging document; online docket shorthand can be incomplete.
For information about pending possession and trafficking cases, read our Sarasota and Manatee drug-crimes defense page.
The eligibility questions that apply to all three
Even when the target case appears eligible, FDLE and the court consider the broader history. Common issues include:
- Any adjudication of guilt. An adjudication in another case may disqualify the applicant.
- Prior sealing or expungement. Florida’s ordinary process generally provides one opportunity involving one arrest record or incident, subject to limited rules for directly related arrests.
- Unfinished supervision. Probation and other court supervision tied to the disposition must be complete.
- A disqualifying charge. Florida Statute § 943.0584 lists offenses that are ineligible when resolved as a statutory “conviction,” which can include a plea even when adjudication was withheld.
- Multiple charges from one arrest. An eligible dismissed count does not necessarily overcome an ineligible disposition on another count from the same incident.
What does the Florida process actually require?
- Confirm the record and disposition. Obtain the charging document and certified disposition and review the broader criminal history.
- Apply to FDLE. The Certificate of Eligibility packet generally requires fingerprints, a certified disposition, the required prosecutor certification for expungement, and a $75 FDLE fee.
- Wait for FDLE review. FDLE currently reports processing times exceeding 12 weeks. That timing can change.
- File the court petition. The certificate itself does not seal or expunge anything. The petition, affidavit, certificate, proposed order, and locally required documents go to the court with jurisdiction over the arrest.
- Serve the agencies. The State Attorney and arresting agency receive the filing and may respond.
- Obtain the judge’s decision. The court retains discretion. Some matters are decided on the filings; others may involve a hearing.
- Complete the agency follow-through. If granted, certified orders must reach FDLE and the other agencies holding the record.
Can this be handled from anywhere in Florida?
Much of a sealing or expungement case can be coordinated remotely. The petition must still be filed in the Florida court with jurisdiction over the arrest, and local procedures vary. A judge may require a hearing. The Dunn Law Firm can evaluate eligible matters statewide, prepare the FDLE and court filings, coordinate service, and explain any county-specific requirement before engagement.
Three records to gather before calling
To make an eligibility review faster, gather:
- the county and approximate date of arrest;
- the arrest or case number, if available; and
- the final result—dismissed, no-file, acquittal, withhold, or adjudication.
If you do not have all three, that is normal. The firm can explain what records are needed and where they can be obtained.
Ask whether your Florida record qualifies
Call The Dunn Law Firm, P.A. at (941) 866-4352 or request an eligibility review online. Statewide representation and flat-fee arrangements may be available after the record is reviewed.
This article provides general information, not legal advice. The law and FDLE procedures can change, eligibility depends on the complete record, and no outcome is guaranteed.
Official Florida sources
by Dunn Law Firm | Aug 30, 2026 | Blog, Criminal Defense, Drug Offense
By Adam Dunn, Esq. | Published August 30, 2026
Florida changed part of its drug-paraphernalia law on July 1, 2026. The change is narrow but important: certain narcotic-drug-testing products used solely to detect fentanyl, dangerous fentanyl analogues, or xylazine are no longer included in the statutory definition of “drug paraphernalia.”
That does not mean Florida legalized controlled substances, eliminated drug-paraphernalia charges, or created blanket immunity whenever a testing product is present. The exact object, its intended use, the surrounding circumstances, and any other alleged evidence still matter.
Below is a plain-language explanation of the new law and what people in Sarasota and Manatee Counties should understand if a drug investigation, traffic stop, search, or arrest involves a testing product.
What changed on July 1, 2026?
The Florida Legislature passed CS/HB 477 during the 2026 session. The Governor approved it on June 16, 2026, and it became Chapter 2026-157, Laws of Florida. The measure took effect on July 1, 2026.
The law amended Florida Statutes section 893.145, which defines “drug paraphernalia.” Under the revised definition, qualifying narcotic-drug-testing products are excluded when they are used solely to determine whether a controlled substance contains:
- Fentanyl;
- Dangerous fentanyl or specified fentanyl analogues; or
- Xylazine.
The exclusion does not cover a product that can measure or determine the quantity, weight, or potency of a controlled substance. That limitation is important. The statute protects a defined category of detection products; it does not remove every form of testing or analyzing equipment from the paraphernalia definition.
Why did Florida make this change?
The legislation was directed at products designed to identify dangerous contamination in the illicit drug supply. Fentanyl and xylazine can create severe overdose risks, including when a person does not know that a substance contains them. By excluding specified detection products from the paraphernalia definition, the Legislature separated those harm-reduction tools from equipment commonly associated with preparing, concealing, ingesting, or otherwise using controlled substances.
The distinction matters because Florida law can criminalize the knowing use or possession of drug paraphernalia for prohibited purposes. The related offense provisions remain in Florida Statutes section 893.147.
What the new law does not change
The most important point is that this amendment is not a general decriminalization law.
It does not legalize possession of a controlled substance
A person can still face a separate allegation involving possession, sale, delivery, manufacture, or trafficking of a controlled substance. The presence of a qualifying test strip does not automatically prevent an investigation or erase other alleged evidence.
It does not make every testing device lawful
The exception is tied to specified narcotic-drug-testing products and specified substances. A device that measures quantity, weight, or potency is expressly outside the new exclusion. Other testing equipment may also fall outside the exception depending on what it is designed to do and how the State claims it was being used.
It does not eliminate all paraphernalia cases
Florida’s broader paraphernalia laws remain in effect. Pipes, syringes, scales, packaging materials, concealment devices, and other objects may still become part of a criminal allegation depending on the facts and the statutory criteria. An object’s label is not always decisive; courts may consider its condition, residue, proximity to alleged controlled substances, instructions, advertising, and other circumstances.
It does not create blanket immunity from arrest or prosecution
The amendment changes the definition of paraphernalia. It does not create across-the-board immunity for every offense or every encounter with law enforcement. If an arrest or search involves a qualifying detection product, the defense may need to identify precisely what the product does and whether the State is incorrectly treating it as prohibited paraphernalia.
What should you do during a police encounter?
Every situation is different, but several general principles are worth remembering:
- Do not physically resist. You can protect your legal position without escalating the encounter.
- Do not guess or volunteer explanations. Statements about who owns an item, what it was used for, or what a substance may contain can become evidence.
- You may clearly state that you do not consent to a search. Whether officers nevertheless have lawful authority to search is a separate legal question that can be reviewed later.
- You may invoke your right to remain silent and ask for a lawyer. A calm, unambiguous request is generally better than trying to argue the case at the roadside or station.
- Preserve information. If possible after the encounter, write down the location, timing, officers involved, what was said, and what was seized. Do not alter or destroy potential evidence.
If someone appears to be experiencing an overdose, seek emergency medical help immediately. Florida’s overdose medical-assistance law, section 893.21, contains protections in defined circumstances, but it is not blanket immunity for every person or offense. Saving a life comes first; the legal details can be addressed afterward.
How this may matter in Sarasota and Manatee County cases
Drug cases often turn on details that are easy to overlook: why a stop began, whether a detention was extended, whether consent was actually given, where an item was found, who had access to the location, whether alleged possession was knowing, and whether the State can prove the object fits the statutory definition.
After July 1, 2026, another question may be critical: Was the alleged “paraphernalia” actually a testing product that the amended statute excludes?
A criminal defense lawyer may examine the product packaging and instructions, laboratory or body-camera evidence, the arrest report, the officer’s description, and the prosecution’s theory of intended use. The statutory exception may be significant even when the initial report uses a broad label such as “testing kit” or “drug-testing device.”
Frequently asked questions
Are fentanyl test strips legal in Florida now?
Florida’s 2026 statute excludes qualifying products used solely to determine whether a controlled substance contains fentanyl, specified dangerous fentanyl analogues, or xylazine from the definition of drug paraphernalia. Whether a particular product qualifies depends on its capabilities and the facts.
Can I still be charged if police find drugs with a test strip?
Potentially, yes. The test-strip exception does not legalize possession of a controlled substance or automatically prevent other charges.
Does the exception cover scales or potency-testing equipment?
No blanket exception applies. The statute specifically says the exclusion does not cover a testing product capable of measuring quantity, weight, or potency.
What if the arrest happened before July 1, 2026?
The effective date and the alleged offense date can matter. Do not assume that a later statutory change automatically controls an earlier case. A lawyer should review the charging document, dates, and applicable version of the law.
Talk with a Sarasota criminal-defense attorney
If you or a family member is facing a drug or paraphernalia allegation in Sarasota or Manatee County, the wording of the charge is only the beginning. The search, statements, alleged possession, testing product, laboratory evidence, and current statute should all be examined carefully.
Contact The Dunn Law Firm at (941) 866-4352 to discuss the specific circumstances of your case.
This article is general information based on Florida law in effect as of August 2026. It is not legal advice and does not create an attorney-client relationship. Laws and individual facts can change the analysis.
by Dunn Law Firm | Oct 11, 2025 | Blog, Criminal Defense, Drug Offense
Updated August 30, 2026. Florida imposes severe mandatory-minimum sentences for trafficking in dangerous fentanyl and fentanyl analogues. Because the controlling thresholds and penalties differ from some other opioids, it is important to consult the current statute rather than rely on an older chart or a generic description of “opioid trafficking.”
This article explains the basic framework in plain language. It is general information, not legal advice, and the facts, charging document, laboratory evidence, and version of the law applicable to a particular case must be reviewed individually.
Florida trafficking charges can be based on weight
Under Florida Statutes section 893.135, trafficking does not always require proof that someone completed a sale. The statute also reaches specified acts such as knowingly purchasing, manufacturing, delivering, bringing a substance into Florida, or knowingly possessing a threshold quantity.
For dangerous fentanyl and fentanyl analogues, the statute applies to fentanyl and other specifically listed substances, qualifying analogues, and mixtures containing them. That means the alleged total mixture weight can matter; the analysis is not necessarily limited to the weight of pure fentanyl.
Current dangerous-fentanyl weight thresholds
For conduct covered by the dangerous-fentanyl provision, the 2026 statute provides the following mandatory minimums:
- 4 grams or more, but less than 14 grams: 7 years in prison and a $50,000 fine.
- 14 grams or more, but less than 28 grams: 20 years in prison and a $100,000 fine.
- 28 grams or more: 25 years in prison and a $500,000 fine.
These are the dangerous-fentanyl brackets in section 893.135(1)(c)4. They should not be confused with the separate 3-year and 15-year brackets that the statute applies to certain other “illegal drugs.” The substance identified by the laboratory, the alleged mixture, and the precise statutory subsection charged are therefore critical.
Fentanyl made to resemble candy or consumer products
Florida also includes an enhanced provision directed at an adult who knowingly sells or delivers at least 4 grams of a listed fentanyl substance or mixture to a minor when the substance or its packaging has specified characteristics. Those characteristics include resembling branded food or consumer products, using actual or fake protected branding, resembling candy, cereal, gummies, vitamins, gum, or similar products, or carrying a cartoon-character imprint.
When the statutory elements are proven, the required sentence is at least 25 years and can extend to life imprisonment, together with a $1 million fine. The provision is narrower than a general statement that every colorful pill automatically produces that sentence: the recipient’s age, amount, conduct, substance, and specified product-like characteristics all matter.
Possession is not the same as proof of trafficking
A trafficking accusation based on possession still requires the State to prove knowing actual or constructive possession and the required quantity. Constructive-possession cases can involve disputed questions about who controlled a vehicle, room, package, storage area, or other location and whether the accused person knew the substance was present.
The threshold quantity is important, but a laboratory number does not answer every legal question. The defense may need to examine how items were collected, packaged, tested, and weighed; whether the laboratory identified a substance covered by the charged subsection; whether multiple packages were properly combined; and whether the chain of custody is reliable.
Issues a defense lawyer may investigate
The stop, detention, search, or warrant
Trafficking cases often begin with a traffic stop, search warrant, package investigation, confidential source, or undercover operation. A lawyer may examine whether law enforcement had lawful grounds for each search and seizure and whether the scope and duration of the encounter complied with the Constitution. Evidence obtained through an unlawful search may be subject to a motion to suppress.
Knowledge, identity, and control
Being near a substance is not automatically the same as knowingly possessing it. Shared vehicles, residences, businesses, and packages can create factual disputes about ownership, access, knowledge, and control.
Laboratory identification and weight
The charged subsection and mandatory minimum depend on what the State can prove the substance is and how much qualifying substance or mixture is involved. Laboratory reports, notes, underlying data, photographs, packaging, and weighing procedures may all require review.
Statements and recorded communications
Body-camera footage, interviews, text messages, recorded calls, and alleged admissions can affect the State’s theory. The context, completeness, authenticity, and lawfulness of that evidence should be evaluated rather than assumed.
Why early review matters
Mandatory-minimum statutes can sharply restrict sentencing discretion after conviction. Early defense work may therefore focus on the legality of the investigation, the correct charge, the weight and identity evidence, and whether the State can prove knowing possession or another covered act. No particular result can be promised, and available strategies depend on the evidence and procedural posture of the case.
For a separate explanation of Florida’s 2026 change concerning fentanyl and xylazine detection products, read Florida’s 2026 Fentanyl Test-Strip Law: What Changed.
Speak with a Sarasota criminal-defense attorney
If you or a family member is facing a fentanyl possession or trafficking allegation in Sarasota or Manatee County, contact The Dunn Law Firm at (941) 866-4352 to discuss the specific circumstances.
This article is general information based on Florida law in effect as of August 2026. It is not legal advice and does not create an attorney-client relationship. Laws and individual facts can change the analysis.
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