Sealing vs. Expunging a Record in Florida
Sealing and expunging a Florida criminal record both remove it from ordinary public access, but they are not the same remedy. A sealed record continues to exist and remains accessible to certain government and licensing agencies. An expunged record is generally destroyed by the agencies holding it, although the Florida Department of Law Enforcement retains a confidential copy.
The correct option usually depends on how the criminal case ended.
A case involving a withheld adjudication may qualify for sealing. A charge that was never filed, dismissed, or ended in an acquittal may qualify for expunction, provided the applicant satisfies Florida’s remaining eligibility requirements.
Sealing vs. Expungement at a Glance
| Issue | Record Sealing | Record Expungement |
| Public access | Restricted | Restricted |
| Government record | Still exists under seal | Generally destroyed, with a confidential FDLE copy retained |
| Access by qualifying agencies | Agencies may view the complete sealed record | Most agencies receive notice that a record was expunged but cannot view the details without a court order |
| Common case outcome | Plea with adjudication withheld | Charge not filed, dismissed, acquittal, or not-guilty verdict |
| FDLE Certificate of Eligibility | Required | Required |
| Court approval | Required | Required |
| Automatic after dismissal | No | No |
| General lifetime limit | Usually one court-ordered sealing or expunction | Usually one court-ordered sealing or expunction |
Both procedures are governed by Chapter 943 of the Florida Statutes. Court-ordered expunction falls under section 943.0585, while court-ordered sealing falls under section 943.059.
What Does It Mean to Seal a Criminal Record?
When a Florida criminal record is sealed, it remains in existence but is removed from ordinary public access.
The general public, most private employers, landlords, and standard background-screening services should no longer be able to retrieve the sealed case through ordinary government criminal-history searches.
Certain government and licensing entities may still receive the complete sealed record. These can include criminal justice agencies and specified employers, schools, licensing bodies, and background-screening programs identified by Florida law.
Sealing is commonly available when:
- The person entered a guilty or no-contest plea
- Adjudication of guilt was withheld
- The offense is not statutorily disqualified
- All probation or court supervision has been completed
- The applicant has no disqualifying criminal history
- The applicant has not previously obtained court-ordered sealing or expunction, subject to limited exceptions
A withheld adjudication is not a conviction for every legal purpose, but it does not automatically make a record eligible. Florida excludes specified offenses from sealing even when adjudication was withheld.
What Does It Mean to Expunge a Criminal Record?
When a Florida record is expunged, most criminal justice agencies holding the record must destroy or obliterate it.
FDLE retains a confidential copy. Most qualifying agencies that would have been entitled to view a sealed record are instead told that the person has had a record expunged, without receiving the arrest, charge, or disposition details unless a court authorizes access.
Expunction is generally available when:
- No charging document was filed
- The prosecutor dismissed or nolle prossed the charge
- The court dismissed the charge
- The defendant was acquitted
- A judge or jury returned a not-guilty verdict
The applicant must also satisfy Florida’s criminal-history, prior-relief, supervision, and offense-eligibility requirements.
Is Expungement Better Than Sealing?
Expungement provides a greater degree of confidentiality, but applicants generally cannot choose between the two remedies solely based on preference.
The disposition of the case often determines which remedy is available.
Example 1: Charge Dismissed
A person is arrested, but the prosecutor later dismisses the charge without a plea.
The record may qualify for expunction if the person satisfies the remaining statutory requirements.
Example 2: Adjudication Withheld
A person enters a no-contest plea, completes probation, and receives a withheld adjudication.
The record may qualify for sealing, but usually not immediate expunction.
Example 3: Sealed for 10 Years
A qualifying record that was initially sealed after a plea with adjudication withheld may later become eligible for expunction after it has remained sealed for at least 10 years.
The 10-year prior-sealing requirement generally does not apply when no plea was entered and all charges were dismissed before trial, or when the person was acquitted or found not guilty.
Does a Dismissed Charge Disappear Automatically?
No.
An arrest record may remain publicly available even when:
- The prosecutor declined to file charges
- The charge was dismissed
- The case was nolle prossed
- The defendant was acquitted
- The defendant was found not guilty
Florida requires a separate process to obtain court-ordered sealing or expunction.
The first step is applying to FDLE for a Certificate of Eligibility. Receiving the certificate does not seal or expunge the record. The applicant must then file a petition and obtain an order from the court that handled the case.
Does Automatic Sealing Mean the Entire Record Is Sealed?
Not necessarily.
Florida law provides for automatic sealing of certain qualifying criminal-history records when the clerk electronically reports an eligible disposition to FDLE.
However, FDLE cautions that automatic sealing applies to the record maintained by FDLE and does not necessarily seal records maintained at the local level by the clerk, arresting agency, or other agencies.
A person should not assume that a case has disappeared from every public source merely because FDLE’s statewide record was automatically sealed.
Who Can See a Sealed or Expunged Record?
The public generally cannot access either type of record through ordinary government background searches.
However, Florida requires disclosure or permits access in specified circumstances involving certain:
- Criminal justice agencies
- School and childcare employers
- Health care and care-provider screenings
- Professional licensing agencies
- The Florida Bar
- Guardian appointments
- Insurance-agent licensing
- Firearm or concealed-weapon eligibility reviews
- Subsequent criminal proceedings
The access level differs.
For a sealed record, qualifying entities may receive the complete record. For an expunged record, most qualifying entities are told that a record was expunged but do not receive the underlying details without a court order.
Can You Deny a Sealed or Expunged Arrest?
In many ordinary situations, Florida law allows a person to lawfully deny or fail to acknowledge an arrest covered by a sealing or expunction order.
There are statutory exceptions.
Disclosure may still be required when applying for certain jobs, licenses, professional admissions, government positions, educational roles, or when involved in another criminal case.
Before answering a background question, read the precise wording and determine whether the employer or agency falls within a statutory exception.
What Records Are Not Eligible?
Florida excludes numerous serious offenses from court-ordered sealing and expunction when the record constitutes a statutory conviction.
For this purpose, “conviction” can include a guilty or no-contest plea even when adjudication was withheld.
Disqualifying offenses include many crimes involving:
- Sexual misconduct
- Child abuse or exploitation
- Human trafficking
- Homicide
- Kidnapping
- Robbery
- Arson
- Aggravated battery
- Terrorism
- Certain drug trafficking offenses
Eligibility must be determined from the complete disposition, not simply whether the docket says “adjudication withheld.”
Can You Seal or Expunge More Than One Case?
Florida generally permits one court-ordered sealing or expunction during a person’s lifetime.
Multiple charges arising from the same arrest or related incident may sometimes be included in one petition. Unrelated arrests are generally treated separately.
FDLE specifically advises that applicants proceeding under sections 943.0585 or 943.059 are ordinarily entitled to one court-ordered sealing or expunction.
Because the remedy is limited, the complete criminal history should be reviewed before deciding which record to pursue.
Is the Application Process the Same?
The basic process is similar for both remedies:
- Obtain a certified disposition.
- Complete the FDLE application.
- Obtain fingerprints.
- Submit the required documents and $75 fee.
- Receive a Certificate of Eligibility.
- File a petition, affidavit, and proposed order with the court.
- Serve the required agencies.
- Attend a hearing if the court schedules one.
- Obtain and distribute the signed court order.
An expunction application also requires a certified statement from the appropriate prosecutor.
FDLE currently reports that processing a completed Certificate of Eligibility application typically takes approximately 12 weeks and that applications are not expedited.
Frequently Asked Questions
Is sealing easier than expungement?
Not necessarily. The procedures are similar, but the case disposition determines which remedy is available. A withheld adjudication may qualify for sealing, while a dismissed charge may qualify for expunction.
Can I expunge a record without sealing it first?
Yes, when no plea was entered and the charges were not filed, were dismissed before trial, or ended in an acquittal or not-guilty verdict. Other qualifying cases may need to remain sealed for 10 years before expunction.
Will either remedy remove news articles or private websites?
No. A Florida court order controls qualifying government records. It does not automatically remove newspaper stories, social media posts, search-engine results, or information previously collected by private companies.
Does an FDLE certificate clear the record?
No. The certificate confirms statutory eligibility to petition. The record is not sealed or expunged until the court grants relief and FDLE receives the certified order.
Is a judge required to grant the petition?
No. Statutory eligibility allows the person to petition, but the court retains discretion to grant or deny court-ordered sealing or expunction.
Which Remedy Applies to Your Florida Record?
The simplest distinction is:
- A withheld adjudication commonly points toward sealing.
- A case that was never filed, dismissed, or resolved through acquittal commonly points toward expunction.
The final answer depends on every charge from the incident, the complete criminal history, prior sealing or expunction relief, and whether the offense is statutorily excluded.
Roussos Law Group assists clients with Florida record sealing and expungement, FDLE Certificates of Eligibility, court petitions, prosecutor certifications, hearings, and eligibility disputes. Reviewing the complete disposition before applying can prevent months of delay pursuing the wrong form of relief.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Eligibility depends on the record, disposition, prior history, and Florida law in effect when the application is submitted.
Kimberly G. Lewis is a criminal defense attorney with extensive courtroom experience representing clients in juvenile and adult cases across Florida. Her background includes service as an Assistant Public Defender, where she gained valuable insight into prosecutorial practices and the criminal justice process.
