Expunges

Expunction/Sealment

In 

Florida

, expunction and sealing are legal processes that restrict public access to a criminal record, allowing an individual to lawfully deny the arrest or charge occurred in most situations. Expunction involves the physical destruction of the record, while sealing makes it confidential and inaccessible to the general public. 

Key Differences

Feature 

Sealing

Expunction

Record StatusRecord is still on file but is marked confidential and is not public.Record is physically destroyed, with one copy retained by the Florida Department of Law Enforcement (FDLE) for law enforcement use only.EligibilityTypically available when adjudication was withheld (no formal conviction) for the offense.Generally reserved for cases where the charges were dropped, dismissed, not prosecuted, or resulted in an acquittal/not guilty verdict.Waiting PeriodNo waiting period after case disposition (if all court supervision is terminated) for the initial sealing.No waiting period if the charges were dismissed. If a case was sealed, it may be eligible for expunction after 10 crime-free years.

General Eligibility Requirements

To be eligible for either sealing or expunction in Florida, you must meet several criteria: 

  • You must never have been adjudicated guilty (convicted) of any criminal offense in Florida, regardless of how long ago it occurred.

  • You must not have any prior sealing or expungement of a criminal record under Florida law. (You only get one opportunity for a court-ordered sealing or expunction).

  • You cannot have any pending criminal charges or be under court supervision (probation, community control, etc.) at the time of application.

  • The offense cannot be a disqualifying crime, such as sexual battery, arson, murder, kidnapping, or aggravated battery. 

Application Process

The application process for both sealing and expunction involves two main stages: 

  1. Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) by submitting an application, certified court disposition, fingerprints, and a fee.

  2. Petitioning the court where the charge was filed. 

Both processes offer the legal right to deny the existence of the record, though exceptions apply in certain job fields. Due to the legal complexities, consulting an attorney is often recommended.