Sealing vs. Expunging a Criminal Record in Florida: Who Qualifies and How the Process Works

In Florida, sealing and expunging are two different court-ordered ways to remove a criminal record from public view, and they are not interchangeable. Expunction is generally available for arrests that did not end in a conviction, such as a dismissal, an acquittal, or a case the prosecutor never filed. The records are physically destroyed, except for a copy kept by the Florida Department of Law Enforcement (FDLE). Sealing is available in a wider set of cases, including some where a judge withheld adjudication after a plea, but the records are kept and remain visible to certain agencies. Under Sections 943.0585 and 943.059, Florida Statutes, the process starts with a Certificate of Eligibility from FDLE, then a petition to the court, and most people get only one sealing or expunction in a lifetime. Whether a specific record qualifies depends on the exact charge, how the case ended, and the person’s prior history.

This is general information, not legal advice. Eligibility turns on details that only a review of your actual criminal history can answer, and the rules have been amended more than once in recent years.

Sealing and expunging at a glance

The table below compares the two remedies as the statutes describe them. It is a starting point. It does not tell you whether your record qualifies.

	Sealing	Expunction
Statute	§ 943.059	§ 943.0585
What happens to the record	Kept, but hidden from the public	Physically destroyed, apart from the copy FDLE retains
Typical cases	Cases where adjudication was withheld, and some others	Dismissals, acquittals, no-charge decisions
Adjudicated guilty as an adult	Not eligible	Not eligible
Certificate of Eligibility from FDLE first	Yes	Yes
Court order needed	Yes	Yes
Lifetime limit	Generally one sealing or expunction	Generally one sealing or expunction

Which cases usually point to expunction

Expunction is the more complete remedy, so the law reserves it mostly for people who were not convicted of anything. Common examples:

• The State Attorney declined to file charges after an arrest.
• The charges were dismissed or dropped before or during the case. Our article on what happens when charges are dismissed explains why an arrest can still appear on background checks after a dismissal.
• A judge or jury acquitted the person.

Florida also has an automatic track for some non-conviction records, so a court petition is not always the first step. If you are unsure whether your record was already handled that way, FDLE can tell you what your criminal history record currently shows.

Which cases usually point to sealing

Sealing covers records where there was a court case that did not end in an adjudication of guilt. The most common example is a withhold of adjudication, where the judge accepts a plea, orders probation or other terms, and does not formally adjudicate the person guilty. A withhold is not the same as a dismissal, and that difference matters here: it may qualify for sealing but usually not for expunction. Our article on withhold of adjudication in Florida covers what a withhold is and is not.

Anyone who was adjudicated guilty as an adult of a criminal offense is, under the FDLE’s published criteria, not eligible for a Certificate of Eligibility. That is the line that separates a record you can try to clear from one you generally cannot.

Offenses that can block eligibility

Both statutes exclude certain serious offenses. Section 943.059 refers to a separate list in Section 943.0584, and FDLE states on its own site that listed offenses are disqualifying whenever a plea or verdict was entered on that charge, even if adjudication was withheld. If the charge was dismissed or dropped, the person can remain eligible. The listed offenses include categories such as violent crimes and sexual offenses. Because the list is long and has changed over time, do not rely on a summary. Check the current statute text and FDLE’s guidance, or have a lawyer check it against your specific charge.

The process, step by step

1. Get the disposition. You will need a certified copy of the final disposition from the Clerk of Court in the county where the case was handled.
2. Apply to FDLE for a Certificate of Eligibility. FDLE reviews your criminal history and decides whether you meet the statutory criteria. FDLE’s published application fee has been $75, and processing has taken several weeks or longer, so confirm the current fee and timing on FDLE’s Seal and Expunge Process page.
3. Get the State Attorney’s part completed. For expunction, the application includes a section that the State Attorney or statewide prosecutor must complete, which the FDLE application form specifies.
4. File a petition in court. The petition is filed with the court that handled the case, with the certificate attached and the required sworn statement.
5. Wait for the court’s order. The certificate is not a guarantee. Under the FDLE’s own guidance, a record is not sealed or expunged until FDLE receives a certified court order, and the judge has discretion over the petition.

A Certificate of Eligibility is valid for a limited time, so the petition should be filed promptly after it issues. The statutes give the exact period.

What changes after the order

The main practical effect is on what you can say. Under the statutes, a person whose record is sealed or expunged may lawfully deny or fail to acknowledge the arrest covered by the order in most situations. There are exceptions, including applications to certain criminal justice agencies and some regulated professions and licenses. Sealed records also remain available to the specific agencies and purposes the statute lists.

Private background check companies sometimes keep older data even after a court order. If an outdated record shows up on a check, that is a separate problem to raise with the company.

Sealing, expunction, and immigration

For people who are not U.S. citizens, sealing or expunging a Florida record does not necessarily erase the conviction for immigration purposes. Federal immigration law has its own definition of a conviction, which can include some cases where adjudication was withheld. A sealed or expunged plea may still have to be disclosed to immigration authorities. Read how criminal charges can affect immigration status and speak with a lawyer before answering any immigration form question about your record.

Common mistakes

• Assuming a dismissal cleared the record on its own. It often has not.
• Pleading without asking about sealing later. A plea that ends in an adjudication of guilt can close the door permanently. It is worth asking about record relief before entering a plea, not after.
• Using up the one-time limit on a minor arrest and then having no relief available for a later, more serious one.
• Filing without a Certificate of Eligibility. The court cannot act on the petition without it.

What this means for your case

Sealing and expunction can remove a Florida arrest from public view, but only when the case ended without an adjudication of guilt, the offense is not on the disqualifying list, and the person has not used the one-time relief before. Expunction fits dismissals, acquittals and declined charges. Sealing fits some withheld-adjudication cases. In both, FDLE’s certificate comes first and the judge decides last. Because the relief is generally available once, the choice of which record to clear, and when, deserves a careful look at your full history.

If you are facing a charge now, the best time to think about record relief is before you resolve the case, since the way it ends decides what is possible later. Our article on misdemeanor charges in Florida explains how those cases typically resolve.

Frequently asked questions

Can I seal or expunge a record if I was convicted? If you were adjudicated guilty as an adult, FDLE’s published criteria say you are not eligible for a Certificate of Eligibility for sealing or expunction. Other paths, such as clemency or, in some cases, post-conviction relief, work differently.

Is a withhold of adjudication a conviction? Under Florida criminal law, a withhold is not an adjudication of guilt, which is why some withhold cases can be sealed. For immigration purposes, federal law defines a conviction differently and may count it.

How many times can I seal or expunge a record? Generally, only once in a lifetime. The statutes state the exact limit and its exceptions, so confirm against the current text.

Do I need a lawyer to file? Florida does not require one. Many people use one because a denied Certificate of Eligibility or a wasted one-time filing can be hard to undo.

Can an employer still see a sealed record? Most private employers cannot. Certain agencies and licensing bodies listed in the statute can. A private background company may also hold older copies of the data.

How long does the whole process take? The FDLE step alone has taken several weeks or more, followed by the court’s own timeline. Plan for months, and confirm current timing with FDLE and the Clerk.