Sealing vs. expungement: what's the difference?
Florida law offers two ways to clear a criminal record, and the difference matters. With a sealing, the record still exists but is hidden from the public; most people and employers can no longer see it. With an expungement, the record is physically destroyed by the agencies that hold it, and only a few government entities keep a confidential copy.
Which one you qualify for depends mostly on how your case ended. In general, charges that were dropped, dismissed, or never filed may be eligible for expungement, while cases that ended without a conviction (including withheld adjudication) may be eligible for sealing. Either way, you may lawfully deny the arrest in most situations once it's done.
Who qualifies in Florida
Eligibility is technical, and one mistake can cost you the chance — you generally get only one sealing or expungement in your lifetime in Florida. In broad terms, you may qualify if:
- You were never convicted of the charge (it was dismissed, dropped, or you received a withhold of adjudication).
- You have no prior convictions on your record.
- You have not previously had a record sealed or expunged in Florida.
- The charge is not on the statutory list of offenses that can never be sealed (certain serious crimes are excluded even when adjudication is withheld).
Because the rules are strict and the eligibility list changes, the first step is always a careful review of your specific record.
How the process works
Eligibility review
I pull and review your record to confirm whether you qualify, and for sealing or expungement.
Certificate of eligibility
We apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility — a required step that includes fingerprints and the disposition of your case.
Petition to the court
Once the certificate is issued, I file a petition with the court, along with a sworn statement, asking the judge to order the record sealed or expunged.
The court's decision
The judge reviews the petition. When granted, the order goes to every agency holding the record, directing them to seal or destroy it.
The full process commonly takes several months, much of it waiting on FDLE. Starting early is the best thing you can do.
What it can — and can't — do
A sealed or expunged record is removed from standard public and most employer background checks, which can make a real difference for jobs, housing, and licensing. But it isn't absolute: certain agencies (for example, in applications to law enforcement, the Florida Bar, or jobs working with children or the vulnerable) can still see it, and a DUI conviction can never be sealed or expunged. I'll tell you honestly what clearing your record will and won't accomplish for your situation.
Cases I handle in this area
- Sealing of records with withheld adjudication
- Expungement of dismissed or dropped charges
- Arrests that never led to formal charges
- Juvenile record sealing and expungement
- Administrative (FDLE) expungement of arrests not charged
Frequently asked questions
I was arrested but never convicted. Can I clear it?
Often, yes. If the charge was dismissed, dropped, or never filed, the arrest may be eligible for expungement; if you received a withhold of adjudication, it may be eligible for sealing. The exact path depends on your record, which is why a review comes first.
How long does it take?
Usually several months. Much of the time is spent waiting on the certificate of eligibility from FDLE, followed by the petition and the court's order. There's no way to fully rush it, so the sooner you start, the sooner it's done.
Can I seal more than one case?
Generally no. In Florida you're typically allowed only one sealing or expungement in your lifetime, which makes it important to do it correctly and on the right case. I'll help you make that decision.
Will the record be gone everywhere, including online?
A court order reaches the government agencies that hold the record. Private background-check and data companies that copied it earlier may need separate follow-up, and a few government entities keep confidential access. I'll explain what to expect realistically.