Expungement vs Sealing in Florida: Comparison Table

Visibility to the Public

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.

Effects 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 Even after your record is cleared through the courts, private background check companies may still display outdated or cached information.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 truly stays in the past, many clients turn to our Florida background check removal service for complete and lasting privacy across the internet.

Disqualifying Charges

Under Florida law, certain offenses are considered too serious to qualify for sealing even if adjudication was withheld. If the charge is dismissed or dropped, you still qualify for expungement. Below are the disqualifying offenses:

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

Judicial Discretion and Court Procedures

Although expungement and sealing both require court approval, the role of the judge and procedural nuances differ between the two. Understanding these distinctions is important 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 favorable when the case was dismissed, nolle prosequi, or resulted in an acquittal.
• Judges are still permitted to deny the petition based on public safety or policy concerns, though denials are less common if 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 it is within the judge’s authority to require one.

Unlawful Disclosure Penalty

In Florida, once a record has been expunged or sealed, it is legally protected from public access, and disclosing it unlawfully is a crime. Under Florida Statutes § 943.0585 and § 943.059, any unauthorized release or use of a sealed or expunged record may result in a first-degree misdemeanor, punishable by up to one year in jail and fines. This includes disclosures by private individuals, background check companies, or employers. If your sealed or expunged record is wrongfully shared, you may have grounds for legal action and should consult with an attorney immediately.

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.