An old arrest can follow you for years — surfacing on background checks for jobs, apartments, and professional licenses long after the case is closed. Florida law offers two paths to limit who can see that record: sealing and expunging. People often use the words as if they mean the same thing, but they are governed by different statutes and produce different results. This article explains the basics in everyday language. It is general information, not legal advice about your specific record.
What sealing a record means
Sealing is governed by Fla. Stat. §943.0585. When a record is sealed, it still exists, but it is made confidential and removed from public view. The general public — and most employers running a standard background check — will not be able to see it. Certain government and criminal-justice agencies, however, can still access a sealed record under defined circumstances, such as applying for certain types of employment or licensing.
What expunging a record means
Expunging is governed by Fla. Stat. §943.059. An expunged record goes a step further: the physical record is generally destroyed by the agencies that hold it, and the Florida Department of Law Enforcement (FDLE) retains only a confidential copy that is not released except by court order. In short, sealing hides the record from public view, while expunging removes it more completely.
Sealing vs. expunging at a glance
- Sealing (§943.0585): the record is made confidential and hidden from the public, but still exists and can be seen by limited agencies in specific situations.
- Expunging (§943.059): the record is generally destroyed, with FDLE keeping only a confidential copy released solely by court order.
- Both generally let you lawfully deny or fail to acknowledge the sealed or expunged matter in many situations — though important exceptions exist, such as certain applications for government or professional licensing.
Who may be eligible
Florida’s eligibility rules are detailed, and the right path often depends on how a case was resolved:
- Generally, expunging may be available where charges were dropped, dismissed, or never filed — in other words, where there was no conviction or finding of guilt.
- Generally, sealing may apply where a person received a withhold of adjudication rather than a formal conviction.
- You typically must obtain a certificate of eligibility from FDLE before petitioning the court.
- Certain offenses are excluded by statute and cannot be sealed or expunged, regardless of outcome.
- A person generally may seal or expunge only one record in their lifetime, so the decision is worth getting right.
Because eligibility turns on the specific facts of your case and the exact statutes in effect, whether you qualify — and which path fits — is something to confirm with an attorney.
How the process generally works
- Confirm eligibility. Your attorney reviews the disposition of your case against the statutory requirements.
- Apply for a certificate of eligibility. This involves an application to FDLE, fingerprints, a certified copy of the disposition, and a fee.
- File a petition in court. Once the certificate is issued, a petition and proposed order are filed with the court that handled the case.
- The court decides. A judge reviews the petition and, where appropriate, enters an order to seal or expunge.
- Agencies act on the order. The order is distributed to the agencies holding the record so they can seal or destroy their copies.
The timeline varies, and the paperwork has to be precise — a single error can delay or derail a petition. You can learn more about how the firm handles these matters on our practice pages, or by reaching out directly.
Is it worth it?
For many people, yes. Sealing or expunging an eligible record can remove a barrier that quietly affects employment, housing, and peace of mind. Because the relief is typically a once-in-a-lifetime option in Florida, it is worth taking the time to understand your eligibility and choose the right path before you file.
Find out where you stand
If you are wondering whether an old charge can be sealed or expunged, we can review the disposition of your case and explain your options. Your initial consultation is free and confidential, and our phones are answered 24/7. Request a consultation.
This article provides general information about sealing and expunging records in Florida and is not legal advice. Statutes and eligibility requirements change, and every record is different. Reading this article or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.