Florida Expungement vs. Record Sealing: Key Differences Explained

Key Takeaways

• Expungement results in the destruction of the record, erasing it from public view. Limited disclosure requirements and access to criminal history data still apply with some government agencies.
• Sealing hides the record from public view, but law enforcement may still access it for legitimate criminal justice purposes. Sealed records can also be used in future prosecutions for related offences.
• In short, expungement and sealing both offer a “fresh start” with various technical legal limitations.

In Florida, both record expungement and record sealing offer a fresh start, treating the offence as if it never occurred, though there are key differences. Expungement in Florida destroys criminal records, while sealing keeps them under court order, both of which render the records confidential under Florida’s Constitution. However, sealed records may still be accessed under extraordinary circumstances.

Understanding these options can help safeguard your reputation, maintain privacy, and create new opportunities. This article will outline the essential factors and legal considerations of expungement versus sealing in Florida to guide your decision-making.

What Are the Differences Between Expungement and Sealing in Florida?

The main difference between expungement and sealing in Florida is how your criminal record is handled. Expungement permanently destroys the record, making it invisible to the public and almost all agencies, with only the FDLE keeping a confidential copy for limited use. Sealing keeps the record intact but confidential—it’s hidden from public view and accessible only to specific government agencies or by court order.

Both block private employers and background-check companies from seeing the case, but sealed records remain viewable to certain authorities, including law enforcement, licensing boards, and the Florida Bar.

Under Florida law, these are the two legal methods for restricting public access to criminal history records. Each serves a different purpose and has its own effect on eligibility, visibility, and long-term privacy. The comparison table below summarizes their core differences.

Public access

In Florida, expungement and sealing restrict public access to criminal records, but expungement offers greater privacy. A sealed record remains available to certain government entities, while an expunged record is mostly destroyed, with only a confidential copy kept by the Florida Department of Law Enforcement (FDLE). Thus, expungement provides stronger protection against future disclosure.

Expungement provides a thorough removal of criminal records, offering significant benefits to your life. For more information, read on: 5 Amazing Benefits of Expungement in Florida.

Eligibility Criteria

Although both expungement and sealing are tools for clearing your criminal record in Florida, the eligibility requirements differ significantly. Understanding these differences is critical when determining which option applies to your case.

Eligibility for Sealing

You may be eligible to seal your record if:

• You received an adjudication of withheld.
• The charge is not on the list of disqualifying offenses under Florida Statutes
• You have never previously sealed or expunged another criminal record in Florida
• Your case resulted in a plea, dismissal, or other non-conviction resolution

Eligibility for Expungement

You may be eligible to expunge your record if:

• The charge was dismissed, nolle prosequi, no action filed, or you were acquitted/not guilty at trial
• The charge is not on the list of disqualifying offenses
• You have never previously sealed or expunged another criminal record in Florida (with few exceptions for juvenile expungement)
• You first obtain a Certificate of Eligibility to Seal, and then after sealing the record for 10 years, you may qualify for expungement – unless the case was dismissed from the start.

Effect on Background Checks

Expungement and sealing limit public access to your criminal record, but they do not automatically erase it from all background checks. Even after your record is cleared through the courts, private background check companies may still display outdated or cached information.

Expungement offers the highest level of protection; most records are physically destroyed, but sealing only hides them from public view. However, both can leave behind a digital footprint that continues to cause harm. To ensure your past stays in the past, many clients turn to our Florida background check removal service for complete, lasting privacy across the internet.

Disqualifying offenses

Under Florida law, certain offences are considered so serious that they do not qualify for sealing, even if adjudication was withheld. If the charge is dismissed or dropped, you still qualify for expungement. Below are the disqualifying offences:

• Sexual misconduct (including any offence that requires registration as a sex offender)
• Violent crimes, such as homicide, manslaughter, aggravated battery, or aggravated assault
• Offences involving minors, such as child abuse, child pornography, or lewd and lascivious conduct
• Certain offences involving domestic violence or stalking
• Terrorism-related crimes and specific firearm offences

Judicial Discretion and Court Procedures

Although expungement and sealing both require court approval, the judge’s role and procedural nuances differ between the two. Understanding these distinctions is essential when preparing a petition and advising clients.

Judicial Discretion in Sealing

• Judges have discretion to grant or deny a petition to seal, even if the applicant meets all statutory eligibility requirements.
• The court may consider the nature of the offense, the defendant’s criminal history, and public interest concerns.
• A hearing is often required, especially if the State Attorney objects.
• Petitioners must file a verified petition, along with the Certificate of Eligibility from FDLE, and serve all parties, including the State Attorney.

Judicial Discretion in Expungement

• Judicial discretion also applies to expungement petitions, but courts are typically more favourable when the case was dismissed, nolle prosequi, or resulted in an acquittal.
• Judges are still permitted to deny the petition on public safety or policy grounds, though denials are less common when the record was never prosecuted.
• Like sealing, expungement requires a Certificate of Eligibility, a verified petition, and notice to the State Attorney.
• A hearing may be waived in uncontested cases, but the judge may require one.

Impact on Life

Both sealing and expungement offer meaningful relief for individuals with a criminal record, but expungement provides the most complete fresh start. These legal remedies affect more than just employment-they influence housing, education, reputation, and peace of mind.

Impact of Sealing

• Sealing a record can significantly reduce barriers in daily life. Background checks for housing applications, private employment, and school admissions typically won’t reveal a sealed record.
• However, certain state agencies, law enforcement, and licensed professionals may still access the record, which can limit some opportunities.
• The record still exists in court files and law enforcement systems, though it is not publicly accessible.
• While it offers protection, sealing may not fully erase the social or reputational consequences if the arrest was high-profile or widely reported online.

Impact of Expungement

• Expungement offers the highest degree of legal and practical relief. Once granted, most state and local agencies physically destroy the record.
• You can lawfully deny the existence of the case in almost every context, including employment, housing, loans, and education.
• Expungement reduces the risk of stigma, online exposure, or unfair treatment due to past accusations.

It provides a true sense of closure for many clients, allowing them to move forward with confidence and peace of mind.

For me, whether you qualify for sealing or expungement, both provide a powerful opportunity to remove your record from public view. However, important legal distinctions remain, and given that this is often a once-in-a-lifetime remedy with permanent consequences, representation by an experienced expungement attorney is essential.

Ready to Clear Your Record? Let Us Help You Move Forward

Understanding the difference between expungement and sealing is the first step-taking action is what truly changes your future. At Erase The Case, we help people across Florida navigate this complex process with confidence. Whether you’re eligible to seal or expunge your record, or you’re unsure where to begin, our legal team will guide you every step of the way.

Don’t let a past mistake continue to limit your opportunities. Contact us today for a confidential consultation and find out how we can help you clear your name and reclaim your future.

📞 Call us now at (866) 372-7335📧 or email us at lawyer@erasethecase.com

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FAQ

Can I get my record sealed or expunged?

Yes. In Florida you may petition to have a criminal history record either sealed or expunged, though eligibility depends on the disposition of the case (dismissed, conviction, withhold of adjudication, etc.) and specific statutory criteria.

What should I do to expunge my record in Florida?

To seal or expunge your record in Florida, you must first get a Certificate of Eligibility from the FDLE by submitting an application, paying a fee, and providing required documents. After receiving the certificate, you must file a petition with the court, pay a filing fee, and attend a hearing. The following step-by-step guide explains the process on this article Florida Expungement & Sealing: Eligibility, Process, & Expert Help

What Crimes can be Expunged in Florida?

Any criminal charge (felony or misdemeanor) that was dismissed, dropped (nolle prosequi), or resulted in an acquittal, can generally be eligible for expungement (assuming other eligibility criteria are met).

What felonies cannot be expunged in Florida?

Under Florida Statutes 943.0584, certain dangerous felonies are ineligible for sealing, even if adjudication was withheld. Include: murder, manslaughter, sexual battery, kidnapping, arson, home-invasion robbery, carjacking, drug trafficking, etc. Read More: Can You Get a Felony Expunged in Florida? (Eligibility, Process, & Cost)