Can DUI, Battery, or Drug Possession Be Sealed or Expunged in Florida?

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?

1. Confirm the record and disposition. Obtain the charging document and certified disposition and review the broader criminal history.
2. 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.
3. Wait for FDLE review. FDLE currently reports processing times exceeding 12 weeks. That timing can change.
4. 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.
5. Serve the agencies. The State Attorney and arresting agency receive the filing and may respond.
6. Obtain the judge’s decision. The court retains discretion. Some matters are decided on the filings; others may involve a hearing.
7. 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:

1. the county and approximate date of arrest;
2. the arrest or case number, if available; and
3. 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.

Official Florida sources

• FDLE Seal and Expunge Frequently Asked Questions
• Florida Statute § 943.0585 — Court-ordered expunction
• Florida Statute § 943.059 — Court-ordered sealing
• Florida Statute § 943.0584 — Ineligible offenses
• Florida Statute § 316.656 — Mandatory DUI adjudication