In Florida, marijuana laws have changed over time, but clearing a marijuana charge from your criminal record is still not automatic. Many people assume that low-level cannabis cases disappear on their own, yet that’s rarely the case. So, can marijuana charges be expunged in Florida? The answer is yes—sometimes, depending largely on how the case ended.
Expungement vs. sealing in Florida
Florida offers two ways to limit public access to criminal records:
- Expunction removes the record from public view and allows most agencies to destroy or remove it from routine access.
- Record sealing hides the record from public access but does not erase it entirely.
Both options can help with employment, housing, and background checks, but expunction provides the greatest level of relief.
In most cases, individuals must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms whether a case qualifies under Florida law before a judge can even consider sealing or expungement.
When marijuana charges may qualify
Marijuana cases are most often eligible for sealing or expungement when they did not result in a conviction. Common qualifying outcomes include:
- Charges were never formally filed
- The case was dismissed
- The prosecutor dropped the case (nolle prosequi)
- A not guilty verdict was entered
Florida law places heavy emphasis on the final disposition, not just the type of marijuana offense. Even simple possession cases can become ineligible if the court formally adjudicated guilt.
What usually makes a case ineligible
The biggest obstacle is a conviction with adjudication of guilt. If the court adjudicated guilt—whether for a misdemeanor marijuana charge or something more serious—standard sealing and expungement options are usually unavailable.
Florida also limits how often records can be cleared. In most situations, a person may only seal or expunge one arrest record in their lifetime, making eligibility decisions especially important.
How the process typically works
While procedures vary by county, the general process includes:
- Confirming the case outcome and eligibility
- Applying to FDLE for a Certificate of Eligibility
- Filing a petition with the appropriate court
- Obtaining a judge’s order approving the request
- Ensuring FDLE receives the certified order to complete the process
Even after court approval, the record is not officially cleared until FDLE processes the order.
What about automatic sealing?
Florida has implemented automatic record sealing for certain arrests where no charges were ever filed. While helpful, this does not always cover court records, and some individuals must still file a court petition to fully limit public access.
Automatic sealing also does not apply to all marijuana arrests and does not override disqualifying factors such as prior convictions.
Conclusion
Marijuana charges can be expunged in Florida, but eligibility depends almost entirely on whether the case ended without a conviction and whether statutory requirements are met. Convictions significantly limit available options, and Florida’s one-time limit on record clearing makes careful review essential.
Anyone considering expungement should confirm their case status with FDLE and consider consulting a Florida-licensed attorney before moving forward.
This article is for informational purposes only and does not constitute legal advice.