Sealing vs. expungement in Florida — which actually applies to you.
Florida offers two distinct post-conviction relief pathways with different eligibility rules and different practical effects. A plain-language comparison.
Most people who qualify for sealing or expungement in Florida never pursue it. The process is procedural, not dramatic — a petition, a fee, and a certificate of eligibility from FDLE. But eligibility rules are strict, and the wrong application wastes the only shot most people get.
Sealing
Sealing hides most records from public view. Law enforcement and certain licensing authorities retain access. Sealing is generally available when adjudication was withheld and the charge did not fall into the statutory exclusions.
Expungement
Expungement is the stronger remedy — the physical destruction of the records. Expungement is generally available when the case resulted in a dismissal, no-file, nolle prosequi, or acquittal. A case that was sealed for 10 years can be converted to an expungement in some situations.
What disqualifies you
- Most violent or sex offenses — statutorily excluded.
- Any prior adult felony conviction on record.
- Holding current probation or community-supervision status.
- Using the relief previously — sealing and expungement are one-time benefits per person.
- Cases where adjudication was imposed rather than withheld (for sealing).
Why it matters
Sealed records do not appear on most employment background checks. Expunged records are gone. Neither process restores the right to deny the incident occurred in every context — but both dramatically narrow the contexts where the record controls outcomes.