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A Step-by-Step Guide to the Expungement Process in Bay County
By Rusty Shepard, Former ASA, 14th Judicial Circuit | Shepard Law | February 2026
An arrest record in Florida is public. It does not disappear when charges are dropped, when a case is dismissed, or when years pass. It sits in the Florida Department of Law Enforcement database and turns up on employment background checks, rental applications, professional license reviews, and volunteer screenings — often long after the person has moved on with their life.
Expungement is the legal process that removes it. It is not automatic, it is not quick, and not everyone qualifies. But for those who do, it is the step that finally closes the file.
Here is how the process actually works in Bay County.
Sealing and Expungement Are Not the Same Thing
Florida law provides two distinct remedies, and the difference matters.
Sealing, under Florida Statute § 943.059, keeps the record in existence but removes it from public view. Government agencies and certain licensing bodies can still access it. To the general public and to most employers, it does not appear.
Expungement, under Florida Statute § 943.0585, goes further. The physical record is destroyed by every agency holding it. FDLE retains a single confidential copy accessible only by court order.
You generally have to seal a record first and wait ten years before it can be expunged — unless the charge was dismissed, dropped, or never filed, in which case you can apply for expungement directly.
Who Qualifies
Florida’s eligibility rules are strict and they are absolute. To qualify for either sealing or expungement:
You must never have been adjudicated guilty of any criminal offense in Florida or anywhere else, and never adjudicated delinquent of certain juvenile offenses.
You must never have had a record sealed or expunged before, in Florida or in any other jurisdiction. This is a once-in-a-lifetime remedy.
The charge must not appear on the statutory disqualification list under § 943.0584. That list includes sexual offenses, offenses requiring registration, child abuse, domestic violence resulting in a conviction, drug trafficking, and the forcible felonies listed in § 776.08.
You must have completed all court-ordered supervision, probation, and financial obligations.
A withhold of adjudication — where a judge accepts a plea but withholds a formal finding of guilt — preserves eligibility. An adjudication of guilt destroys it permanently. This is why the distinction matters so much at the plea stage, years before anyone thinks about expungement.
The Automatic Sealing Provision
Since 2019, Florida Statute § 943.0595 has provided for automatic sealing in a narrow set of circumstances. Where charges were never filed, were dismissed, or resulted in a nolle prosequi before trial, FDLE seals the record without a petition.
Automatic sealing does not remove the record and does not require the person to do anything. It also does not cover most cases. If a case went past the charging stage, the petition process below applies.
The Process, Step by Step
Step 1 — Obtain a certified disposition
Request a certified copy of the disposition for every case you want addressed from the Bay County Clerk of Court. This document shows the charge and how it resolved. FDLE will not process an application without it.
Step 2 — Get the State Attorney’s certification
For expungement, the application must be signed by the State Attorney for the 14th Judicial Circuit, or by the statewide prosecutor, confirming the case is eligible. This step is not required for sealing.
Step 3 — Apply to FDLE for a Certificate of Eligibility
Submit the FDLE application with a fingerprint card taken by a law enforcement agency, the certified disposition, the State Attorney certification where required, and the $75 processing fee.
FDLE reviews the application against the eligibility criteria and issues a Certificate of Eligibility if you qualify. Processing currently takes around twelve weeks. The certificate is valid for twelve months from the date of issue.
The certificate confirms you are eligible. It does not seal or expunge anything on its own.
Step 4 — File the petition in Bay County Circuit Court
With the certificate in hand, a petition is filed in the circuit court where the case was handled, together with a sworn affidavit and the certificate itself. The State Attorney is served and has the opportunity to object.
Step 5 — The hearing and the order
Many petitions are granted without a hearing. Where the State objects, or where the judge wants argument, a hearing is scheduled. Granting the petition is discretionary — meeting the eligibility criteria entitles you to apply, not to succeed. A judge can deny a petition that meets every statutory requirement.
This is where representation matters most. Presenting the petition properly, addressing any objection from the State, and giving the court a reason to exercise its discretion in your favor is the difference between an order and a denial.
Step 6 — Distribution of the order
Once signed, the order is distributed to FDLE, the arresting agency, the Clerk of Court, and any other agency holding the record. Each is required to comply. Expect several weeks for the change to appear across all databases, and longer for private background check companies, which are not bound by the order and often hold stale data. Those may need to be contacted separately.
How Long the Whole Process Takes
Six to nine months from start to finish is typical. FDLE processing accounts for roughly twelve weeks of that. Bay County court scheduling and agency distribution account for the rest. A rejected application — usually for a missing document or an ineligible prior — restarts the clock.
Special Categories
Florida provides additional expungement routes that fall outside the standard process.
Juvenile expunction under § 943.0515 applies to records from the juvenile system, with different rules and timelines.
Human trafficking victim expunction under § 943.0583 covers offenses committed while the person was a victim of trafficking. There is no limit on the number of offenses and the usual disqualifications do not apply.
Lawful self-defense expunction under § 943.0578 applies where charges were dismissed because the person acted in lawful self-defense.
Administrative expunction under § 943.0581 applies where an arrest was made in error.
What to Do Before You Apply
Confirm no adjudication of guilt exists on any prior case, anywhere. A single adjudication from another state, decades ago, disqualifies you entirely.
Confirm you have never sealed or expunged a record before.
Gather every case number and disposition before starting. Incomplete applications are the most common reason FDLE rejects a submission.
Do not wait if you are currently negotiating a plea on an open case. What you agree to now determines whether this remedy is available to you later.
NOTES
Eligibility rules and the FDLE fee should be verified against current FDLE guidance before publication, as the fee and processing times change periodically.
No result guarantees appear in this copy. The discretionary nature of the court’s decision is stated explicitly, which is both accurate and Bar-appropriate.
Want to know whether your Bay County record can be expunged? Call Shepard Law at (850) 290-2505. Former ASA. FACDL Chapter President. Free consultation. Available 24 hours a day.
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