Sealing vs. Expunging — What’s the Difference in Florida?

Is Your Criminal Record Following You Everywhere You Go?

You have an arrest on your record — maybe from a mistake years ago, maybe from charges that were dropped entirely. Either way, it resurfaces on job applications, rental forms, and background checks. The first question I hear in almost every consultation is the same: Should I seal it or expunge it? The answer depends entirely on what happened in your case.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

I have helped hundreds of clients in Polk, Highlands, and Hardee Counties clear their records. Here is how sealing and expungement work and what the difference means for you.

What Does Sealing Actually Do to Your Florida Criminal Record?

When a record is sealed under Florida Statute § 943.059, it becomes confidential. It does not disappear — it still exists in FDLE’s system — but it is hidden from the public. Most private employers, landlords, and professional licensing boards will get back a clean result when they run a standard background check.

The record remains accessible to criminal justice agencies, courts, and certain categories of employers that Florida law specifically requires to review sealed records: law enforcement agencies, corrections facilities, courts, schools, and seaports, among others. Sealing will not hide the record from every agency, but it will keep it from most employers and the general public.

What Does Expunging Actually Do to Your Florida Criminal Record?

Expungement under § 943.0585 goes further. When a record is expunged, the agencies holding it are required to physically destroy the record. FDLE retains a confidential copy, but no one outside the criminal justice system can access it.

The most important effect: once your record is expunged, you can legally deny the arrest ever occurred in most situations. That is a significant legal right. On a job application, in a lease application, in most everyday contexts — the arrest is gone as a legal matter. That right does not exist with sealing alone.

How Do Sealing and Expungement Compare Side by Side?

Factor	Sealing (§ 943.059)	Expungement (§ 943.0585)
What happens to the record	Becomes confidential; still exists	Physically destroyed (FDLE retains confidential copy)
Can you legally deny the arrest?	Generally no	Yes, in most situations
Withhold of adjudication eligible?	Yes	No (unless sealed 10+ years first)
Charges must be dismissed?	No	Yes — not filed, dismissed, nolle prosequi, or acquittal
Who can still see it	Criminal justice agencies; certain employers by law	Only FDLE (confidential copy)
FDLE application fee	$75	$75
FDLE processing time	~12 weeks	~12 weeks
Certificate valid for	12 months	12 months
One-time limit?	Yes (court-ordered)	Yes (court-ordered)
Automatic version available?	Yes — § 943.0595 (no application, no limit)	No

Which One Do You Qualify For — Sealing or Expungement?

Everything turns on what the court did with your case. Here is how to read your situation:

Do You Qualify for Sealing?

• You received a withhold of adjudication — the judge withheld a finding of guilt after a plea
• You have never been adjudicated guilty of any criminal offense in Florida
• You are no longer under court supervision (probation, community control, or any other court-ordered supervision)
• You have never previously sealed or expunged a record in Florida
• Your offense is not on the ineligible list under § 943.0584

Do You Qualify for Expungement?

• The State Attorney never filed charges against you
• Your charges were dismissed, entered as nolle prosequi, or you were found not guilty / acquitted
• Or (withhold cases only): Your record has been sealed for 10 or more years after a withhold of adjudication, and you now want to upgrade to expungement — this is the only situation where a waiting period applies
• You meet the same adjudication and prior record requirements as for sealing

Who Does Not Qualify for Court-Ordered Record Relief?

• Anyone previously adjudicated guilty of any criminal offense in Florida
• Anyone adjudicated delinquent as a juvenile for any of the 13 listed misdemeanors under § 943.059
• Anyone who has already sealed or expunged a record under Florida law
• Anyone still under court supervision for any offense
• Anyone whose offense appears on the permanent ineligibility list under § 943.0584

How Does the Sealing or Expungement Process Work in Florida?

Whether you are sealing or expunging, the process runs through the same two-phase structure.

Phase 1 — FDLE Certificate of Eligibility

1. Submit your application to FDLE with the $75 fee
2. Include a certified copy of your disposition from the clerk of court
3. For expungement: also include a certified statement from the State Attorney confirming charges were not filed, dismissed, or resulted in acquittal
4. Wait approximately 12 weeks for FDLE to review your application and issue a Certificate of Eligibility
5. Once issued, the certificate is valid for 12 months — you must file your court petition within that window

Phase 2 — Court Petition

1. File a petition with the circuit court in the county where the arrest occurred
2. Serve copies on the State Attorney, the arresting law enforcement agency, and FDLE
3. If the State Attorney objects, attend a hearing; if no objection, many courts grant the petition without a hearing
4. Receive the signed court order
5. Agencies have 60 days to seal or destroy records after receiving the order

How Do Background Check Companies Handle Sealed and Expunged Records in Florida?

After a court order sealing or expunging your record, FDLE updates its system to reflect the new status. When a licensed background check company queries FDLE through the FCIC (Florida Crime Information Center), the result comes back clean — no record found. This covers most consumer employment background checks run through companies like Checkr, HireRight, Sterling, and similar vendors.

However, private background check databases are not always updated in real time. These companies maintain their own historical data repositories that may contain arrest information gathered before your seal or expunge order. Under the Fair Credit Reporting Act (FCRA) and Florida law, these companies are required to update their records upon receiving notice of a seal or expunge order — but enforcement is imperfect. After your order is entered, I advise clients on the specific steps to follow up with major database vendors to ensure their records are corrected. The order alone does not guarantee immediate cleanup across every third-party database.

After expungement, the legal right to deny the arrest exists. Even if a database somehow still shows the record, you have the legal protection to dispute it — and any employer who takes adverse action based on an expunged record may be exposed to liability under the FCRA.

What Other Record-Relief Pathways Exist in Florida?

Court-ordered sealing and expungement are the most common routes, but Florida law creates several additional pathways for specific situations:

• Automatic Sealing (§ 943.0595) — No application needed. If charges were dismissed, not filed, or resulted in acquittal, the clerk transmits the disposition to FDLE automatically. Unlimited use.
• Administrative Expungement (§ 943.0581) — For wrongful or mistaken arrests. No court petition required — apply directly to FDLE.
• Self-Defense Expungement (§ 943.0578) — For cases dismissed because of a lawful self-defense finding under Chapter 776.
• Human Trafficking Victim Expungement (§ 943.0583) — For trafficking victims. No filing fee, multiple cases eligible.
• Juvenile Diversion Expungement (§ 943.0582) — For minors who completed an authorized diversion program.
• Juvenile Record Expungement (§ 943.0515) — Automatic timelines and early petition options for juvenile records.

If you are not sure which category fits your situation, that is exactly what a consultation is for. I will review your record, identify every option available, and tell you what it takes to get there. You can also read the full overview on the Florida Seal and Expunge hub page.

Frequently Asked Questions

What is the difference between sealing and expunging a record in Florida?

Sealing makes your record confidential — most employers and the public cannot see it, but it still exists and remains accessible to criminal justice agencies. Expunging goes further: agencies physically destroy the record, and you can legally deny the arrest occurred in most situations. Expungement requires charges to have been dropped, dismissed, or resulted in acquittal. Sealing is available even with a withhold of adjudication.

Can I expunge a record if I received a withhold of adjudication?

Not directly. A withhold of adjudication qualifies you for sealing under § 943.059. To reach expungement after a withhold, you would need to first seal the record and wait 10 or more years, then petition under § 943.0585.

How long does the process take?

FDLE takes approximately 12 weeks from receipt of a completed application to issue the Certificate of Eligibility. After receiving the certificate, you file a petition with the circuit court. Budget four to six months from start to finish.

How much does it cost?

FDLE charges $75 for the application, for both sealing and expungement. Additional filing fees may apply at the court level. In limited circumstances, FDLE’s executive director may waive the fee. Human trafficking victims are exempt from the filing fee under § 943.0583.

Can I seal or expunge more than one arrest?

Court-ordered sealing and expungement are generally limited to one arrest event under Florida law. Automatic sealing under § 943.0595 is the exception — it applies to every qualifying disposition automatically, with no cap on the number of arrests that can be sealed this way.

Do employers see a sealed record during a background check?

Most private employers will not. Standard background checks querying FDLE return no result for a sealed record. However, certain employers authorized by Florida law — including law enforcement agencies, schools, and courts — retain access to sealed records. After expungement, only FDLE retains a confidential copy, and even those authorized employers cannot access the expunged record.

How Does Sealing or Expunging a Record Affect Professional Licenses in Florida?

One of the most common concerns I hear from clients is about professional licensing. They have a sealed or expunged record and are not sure whether they have to disclose it when applying for a Florida license. The answer depends on which agency administers the license and what the application specifically asks.

Florida law allows a person with a sealed or expunged record to lawfully deny or fail to acknowledge the arrest in most circumstances. However, certain licensing agencies are authorized by statute to access sealed records and may require disclosure. These typically include:

• The Florida Bar (attorneys)
• The Florida Department of Law Enforcement (law enforcement officer certification)
• The Florida Department of Education (teacher certification)
• Licensed healthcare professions where the licensing board specifically requires disclosure of sealed or expunged arrests
• Seaport-related employment with access to secure areas

For most other professions — contractor licenses, real estate licenses, cosmetology, business licensing — a sealed or expunged record does not need to be disclosed, and the background check run by the licensing board will not return the arrest. If you are pursuing a specific professional license, I advise reviewing the exact language of the application with me before filing to determine whether and how the sealed or expunged record needs to be handled.

How Does a Florida Seal or Expunge Affect a Federal Background Check?

This is a critical limitation that every client deserves to understand clearly. Florida record sealing and expungement affect Florida state records. They do not automatically clear federal databases.

The FBI maintains its own criminal history database (NCIC). In many cases, FDLE notifies the FBI after a seal or expunge order, and the FBI updates its records accordingly. However, the FBI is not bound by Florida law and may maintain records that Florida has ordered sealed or expunged. Federal employers, federal contractors, and positions requiring security clearances run FBI checks — not just state FDLE checks.

If you are applying for a federal job, military service, a security clearance, or any position where a federal background investigation will be conducted, you should discuss the implications with me before filing your applications. The protections Florida law provides are strong — but they are Florida protections.