What is the Difference Between Sealing and Expunging a Record in Florida?

February 8, 2025

Understanding Record Sealing and Expungement Under Florida Law

Having a criminal record can make life difficult. It can affect employment opportunities, housing applications, and even professional licenses. In Florida, there are two legal options to limit public access to a criminal record: sealing and expungement. While both offer protection from public view, they are not the same. Understanding the differences and eligibility requirements can help you determine which option may be available to you.

What Does It Mean to Seal a Criminal Record in Florida?

Under Florida Statutes § 943.059, sealing a record means that the information is placed under highly restricted access. Law enforcement agencies and certain government entities can still view the record, but it is not available to the general public or most private employers.

How Sealing a Record Protects You

The public, including employers and landlords, cannot access a sealed record.
You can legally deny that the arrest or charge ever occurred in most situations.
Your case will not appear in standard background checks used by private employers.

However, some government agencies—including law enforcement, the Florida Bar, and certain employers in sensitive fields—can still view a sealed record.

What Does It Mean to Expunge a Criminal Record in Florida?

Expungement, governed by Florida Statutes § 943.0585, goes a step further than sealing. When a record is expunged, it is physically removed from most government databases. Even law enforcement agencies will need a court order to access it.

How Expungement Offers Greater Protection

The record is destroyed in most systems, making it inaccessible to the public.
Even government agencies cannot access the record without a court order.
You can lawfully deny that the incident ever occurred, with very limited exceptions.

Expungement is generally preferred over sealing because it offers stronger protections, but it is only available in specific circumstances.

Key Differences Between Sealing and Expungement

Feature	Sealing a Record	Expunging a Record
Who Can See It?	Certain government agencies	Only accessible with a court order
Public Availability	Not available to the public	Completely erased from most records
Employment Impact	Hidden from most employers	Cannot be seen by nearly anyone
Background Checks	Private employers cannot access it	Typically does not appear at all
Eligibility	More cases qualify	Fewer cases qualify

Both options provide privacy, but expungement offers the strongest protection.

Who Is Eligible for Sealing or Expungement?

Florida has strict rules about who qualifies for record sealing or expungement. Eligibility depends on the outcome of the case, the type of charge, and whether the person has prior convictions.

Eligibility for Record Sealing

A criminal record may be sealed if:

The case did not result in a conviction.
The charge was dismissed, dropped, or resulted in an acquittal.
The person has never had another record sealed or expunged in Florida.

Certain offenses, such as violent crimes, sex offenses, and child abuse charges, cannot be sealed.

Eligibility for Expungement

Expungement is available in even more limited circumstances. A record may be expunged if:

The charge was dropped or dismissed by the prosecutor.
The person has not been convicted of any other crime.
The person has never had another record sealed or expunged.

If the charge resulted in a plea or a finding of guilt, expungement is not an option—but sealing might be.

Crimes That Cannot Be Sealed or Expunged in Florida

Certain offenses are automatically ineligible for sealing or expungement under Florida Statutes § 943.0584. These include:

Homicide or manslaughter
Kidnapping
Sexual battery
Robbery or carjacking
Child abuse or elderly abuse
Domestic violence with bodily harm
Drug trafficking

If a case involves any of these offenses, sealing or expungement is not an option, even if the charges were dismissed.

How Sealing or Expunging a Record Can Benefit You

Sealing or expunging a criminal record can provide several life-changing benefits:

Better Job Opportunities – Employers who conduct background checks will not see an expunged or sealed charge.
Housing Applications – Landlords who check criminal records will not have access to sealed or expunged information.
Higher Education – Colleges and universities often review criminal histories, but sealed or expunged records remain private.
Peace of Mind – You are not required to disclose the charge in most situations.

If your record is expunged, you can legally deny that the incident ever occurred, except in rare cases involving law enforcement or certain government positions.

How to Apply for Sealing or Expungement in Florida

The process for sealing or expunging a record requires multiple steps.

Obtain a Certificate of Eligibility
- Apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
- This confirms whether you qualify before you file a petition.
File a Petition with the Court
- Once you receive the certificate, a petition must be filed in the court where the case was handled.
Attend a Hearing (if required)
- Some courts require a hearing where a judge will review the request.
Receive a Court Order
- If approved, the court issues an order to seal or expunge the record.
Notification to Agencies
- Law enforcement and government agencies update their records based on the court’s order.

The entire process can take several months, so it is important to start as soon as possible.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

Sealing of Records FAQs

How long does it take to seal or expunge a record in Florida?
The process can take anywhere from 6 to 12 months. The Florida Department of Law Enforcement must first approve a Certificate of Eligibility, and then the court must review and approve the petition.

Can a sealed record ever be unsealed?
Yes, in some situations. Certain government agencies, such as law enforcement, can still access a sealed record. If you are charged with another crime, a sealed record may be used against you.

Will an expunged record show up on a background check?
No, an expunged record is removed from most databases. However, if applying for certain government positions, such as law enforcement or state licensing boards, the record may still be visible.

Can I expunge a record if I was found guilty but received a withhold of adjudication?
No, a withhold of adjudication allows you to seal a record, but not expunge it. Expungement is only available for cases that were dropped, dismissed, or resulted in an acquittal.

Can I apply for sealing or expungement if I have multiple charges?
No, Florida law only allows one criminal offense to be sealed or expunged in a lifetime. If you have multiple charges, only one case may qualify.

What happens if my sealing or expungement request is denied?
If your request is denied, you may have the option to appeal. In some cases, errors in the application process can be corrected.

How much does it cost to seal or expunge a record in Florida?
There are court filing fees, FDLE processing fees, and attorney costs. While the total cost varies, having an attorney handle the process can help ensure all paperwork is correctly filed.

Who can see my sealed record?
Government agencies such as law enforcement, the Florida Bar, and certain employers in sensitive industries (such as healthcare and education) can still access sealed records.

If my case was dismissed, do I still need to seal or expunge it?
Yes. Even dismissed charges remain visible on background checks unless they are sealed or expunged. Taking action ensures the record does not impact your future.