Can a juvenile record be expunged in Florida?

A juvenile case does not have to follow a young person into adulthood, but the way it is cleared depends on how the case ended and on what happens after the eighteenth birthday. Florida uses four separate tools: diversion expunction, early expunction, automatic expunction at 21 or 26, and the ordinary court sealing and expunction that adults use. How the firm helps with each is on our records expungement page.

The juvenile case itself is handled very differently from an adult case, as our juvenile offenses page explains. This page picks up where that case ends.

How does a juvenile record get cleared, step by step?

1. The arrest creates a record. When a child is taken into custody and fingerprinted, FDLE keeps a criminal history record, just as it does for an adult. The steps right after a Palm Beach or Broward arrest are covered in what happens after a juvenile arrest.
2. The case ends in diversion or in court. Many first cases go to a prearrest or postarrest diversion program. Others go before a juvenile judge, and some felony cases are filed in adult court; the Seventeenth Circuit notes that a "direct filed" minor "faces the same sanctions as an adult."
3. A finished diversion can be expunged on application. The parent or guardian signs FDLE's form (or the young person, once an adult), attaching the State Attorney's written statement that the program was completed (s. 943.0582(3)).
4. Ages 18 to 20: early expunction. A young adult with no new charge or finding in the past five years can apply to FDLE with fingerprints, a sworn statement and a $75 fee. The State Attorney of each circuit where an offense happened must approve (s. 943.0515(1)(b)2.).
5. Age 21 or 26: automatic expunction. FDLE keeps an ordinary juvenile record until 2 years after the 19th birthday, which is 21, and a serious or habitual juvenile offender's record until 5 years after the 21st birthday, which is 26. Then it "shall be expunged" (s. 943.0515(1)).

Which path fits which young person?

Who can see a juvenile record before it is cleared?

Less than most families fear. Information gathered in a juvenile case by judges, court staff, the Department of Juvenile Justice and police is "confidential and exempt" from the public records law, with listed exceptions (s. 985.04(1)(a)). FDLE's juvenile criminal history is confidential too, unless the child was taken into custody, charged or found to have committed an offense that would be a felony for an adult, or was transferred to adult court (s. 943.053(3)(b)). In those felony situations the name, photograph, address and arrest report "are not considered confidential and exempt" just because of age (s. 985.04(2)(a)), although a records custodian may choose not to post a child's booking photograph online (s. 985.04(2)(b)).

The juvenile court file is kept apart from other court records and is open only by court order, except to the child, the parents and their lawyers, and listed agencies (s. 985.045(2)). Juvenile court papers may not be placed on a county recorder's public website (s. 28.2221(5)(a)), and the Palm Beach Clerk keeps such images viewable only inside its offices. In Palm Beach County the Clerk's Juvenile Division is in room 3.2200 of the Main Courthouse, and it gives no case information over the telephone; a parent or the young person must appear with photo identification.

Schools are a separate track. When a child is taken into custody for a felony-level offense, police must notify the school superintendent, and the State Attorney must notify the school if a felony is formally charged (s. 985.04(4)). Expunging the FDLE record later does not undo those notices.

What changes the answer?

• An adult forcible felony before the record is cleared. If a person 18 or older is charged with or convicted of a forcible felony while the juvenile record still exists, the juvenile record is merged into the adult record and kept (s. 943.0515(2)(a)). Forcible felonies include burglary, robbery and aggravated battery (s. 776.08); see whether burglary is always a felony.
• Being sentenced as an adult. A minor adjudicated as an adult for a forcible felony has the earlier juvenile record merged with the adult one (s. 943.0515(2)(b)).
• Registration offenses. A juvenile adjudication after July 1, 2007 for an offense that requires registration is never destroyed and becomes part of the adult record (s. 943.0515(3)). The registration rules are explained in which convictions require sex offender registration.
• Screening offenses. The Department of Juvenile Justice keeps records of delinquent acts listed in s. 435.04 for 25 years, sealed for use in background screening for jobs with children and vulnerable adults (s. 985.04(6)(a)).
• Adjudication of delinquency. A juvenile adjudication for any felony, or for listed misdemeanors such as battery, petit theft or carrying a concealed weapon, blocks adult court sealing or expunction unless that juvenile record has been expunged under s. 943.0515 (ss. 943.059(1)(b), 943.0585(1)(d)). Clearing it early can open the door for a later adult case.
• The kind of diversion. Diversion expunction is not available after an arrest for a forcible felony or a felony involving a firearm or weapon (s. 943.0582(3)(b)). How the programs work is covered in whether a child can get a civil citation instead of an arrest.

A worked example

For example, take a hypothetical 15-year-old from Coral Springs arrested for misdemeanor petit theft at a mall. The Broward State Attorney offers juvenile diversion, he completes it, and his parent files FDLE's diversion expunction application with the State Attorney's statement. FDLE expunges the nonjudicial arrest record, which is then available only to criminal justice agencies for limited purposes, such as deciding eligibility for another diversion (s. 943.0582(2)(b)). Because diversion expunction does not use up anything, he could still seek an adult sealing later (s. 943.0582(4)).

Now change the facts: at 16 he is adjudicated delinquent for burglary of an unoccupied car, a felony. At 19, with no new charges for five years, he could apply for early expunction with a $75 fee if the State Attorney approves. If he waits, the record would be expunged automatically at 21, unless he were charged as an adult with a forcible felony first. Until it is expunged, that felony adjudication would block an adult sealing petition for any later case. This illustration is not a prediction for any case.

Common mistakes people make

• Assuming a juvenile record disappears at 18. The automatic dates are 21 and 26, not 18.
• Missing the early expunction window, which closes on the 21st birthday.
• Applying for early expunction with a new charge inside the five-year look-back, which defeats eligibility.
• Giving a false sworn statement on the early expunction form, which is a first-degree misdemeanor (s. 943.0515(1)(b)2.c.).
• Using the one-time adult court sealing on a juvenile case that would have been expunged automatically within a year or two.
• Not keeping copies. FDLE recommends keeping the arrest report, certified disposition and any order before a record is sealed or expunged, because copies are hard to get afterward.

What to do this week

1. Write down every juvenile arrest, the county and how each case ended (diversion, dismissal, withhold or adjudication).
2. Get certified dispositions from the Clerk; in Palm Beach County that means a visit to the Juvenile Division with photo identification.
3. Check whether a serious or habitual offender classification or a maximum-risk commitment applies, because that moves the automatic date to 26.
4. If the young person is 18, 19 or 20, check the five-year look-back and consider early expunction before the 21st birthday.
5. If a diversion was completed, ask the State Attorney's office for the written completion statement FDLE requires.
6. Speak with a lawyer before using the one-time adult remedy on a juvenile record.

Frequently asked questions

Is a juvenile record public in Florida?

Mostly not. Juvenile records are confidential, but the name, photograph and arrest report become public when the offense would be a felony for an adult (s. 985.04(2)(a)). FDLE's juvenile history follows the same felony rule (s. 943.053(3)(b)).

Does early expunction cost anything?

Yes. FDLE charges a $75 processing fee unless its executive director waives it, and the application needs fingerprints taken by a law enforcement agency (s. 943.0515(1)(b)2.a., b.).

What if the State Attorney does not approve early expunction?

The record is still expunged automatically at 21 if the person remains eligible (s. 943.0515(1)(b)3.).

Does a sealed or expunged juvenile record count against adult sealing?

Diversion and early or automatic expunction do not prevent a later adult petition (s. 943.0582(4); FDLE). A court-ordered sealing or expunction under ss. 943.059 or 943.0585 does count as the one-time remedy. The adult rules are in whether you are eligible to seal or expunge your record.

Do I have to tell an employer about a juvenile arrest?

Once a record is sealed or expunged, the general rule lets a person deny the arrest, with exceptions for jobs in criminal justice, schools, child care and similar positions. The full list is in what employers and landlords can see after sealing.

Can I clear a juvenile record through the court instead of waiting?

Yes, if the adult eligibility rules are met; the FDLE certificate and the petition are described in how to seal or expunge a record, step by step. A dismissed juvenile case may also have been sealed already, as explained in whether your record was sealed automatically.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts, including juvenile matters. Choosing the right path for a juvenile record, and the right time, can keep the one-time adult remedy available for later. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you or your child has a juvenile record, a confidential call to (561) 362-6677 is a sound first step.

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