Expungement and Sealing in Florida: What Are The Differences?

In Florida, the key difference between an expunged and a sealed record lies in the level of public access and the record’s ultimate disposition.

A sealed record is kept confidential, restricted from public view but still accessible to certain government agencies and the courts. By contrast, an expunged record is effectively erased; although a limited copy remains with the Florida Department of Law Enforcement, it is generally unavailable to anyone without a court order.

In essence, sealing a record conceals it from most parties, while expungement goes a step further by virtually eliminating the record’s existence.

Going into further detail, understanding the nuances between expungement and sealing in Florida is essential. Here are key points to consider:

Eligibility Criteria

• Expungement: Typically requires a certificate of eligibility and that the offense qualifies under Florida statutes, allowing only a single expungement in a lifetime.
• Sealing: Must meet strict eligibility criteria, including having no prior convictions; certain offenses are not eligible for sealing under state law.

Visibility to the Public

• Expungement: Permanently removes most physical records, leaving only a nonpublic copy held by the Florida Department of Law Enforcement.
• Sealing: Conceals the record from public view, but law enforcement and certain governmental entities may still access it.

Employment Implications

• Expungement: Allows individuals to lawfully deny the existence of the expunged record in most job applications, improving chances of securing employment.
• Sealing: Employers using standard background checks typically cannot see sealed records, but some specialized employers or licensing bodies may still have access.

Judicial Discretion and Court Procedures

• Expungement: Even if eligibility criteria are met, a judge may still exercise discretion in granting the request, considering factors like offense severity.
• Sealing: Court approval is also required, and judges may evaluate circumstances and prior history before deciding whether to seal the record.

Impact on Housing and Educational Opportunities

• Expungement: Increases the likelihood of passing housing or academic background checks, as most entities cannot access the expunged record.
• Sealing: Restricts visibility of the record, potentially improving chances for housing and education, though certain authorized parties may still see it.

Effect on Immigration Status

• Expungement: Does not guarantee privacy from immigration authorities, who often have broader access to criminal history records.
• Sealing: Similarly fails to fully shield the record from immigration officials, though it may limit exposure in other areas of one’s life.