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Sealing vs. Expunging a Record in Florida

Florida treats sealing and expunging as two related but distinct forms of relief:

  • Sealing (Fla. Stat. § 943.059) makes a criminal history record confidential and exempt from public disclosure. However, it still exists and remains accessible to certain government agencies and, in some circumstances, to potential employers in specific licensed fields.
  • Expunction (Fla. Stat. § 943.0585) generally results in the physical destruction of most copies of the record, with FDLE retaining a limited confidential copy for narrow law enforcement purposes.

Whether sealing or expunction is available generally depends on how the case ended. Charges that were dismissed, not filed, or resulted in an acquittal are more likely to be eligible for expunction. In contrast, cases in which adjudication was withheld on an eligible charge are more often limited to sealing than to dismissal.

The General Process for Sealing or Expunging a Record

  1. Apply to the FDLE for a certificate of eligibility, including fingerprints and a certified disposition of the case.
  2. Receive a certificate of eligibility, valid for a limited period after issuance.
  3. File a petition with the court in the county where the case was handled, along with the certificate.
  4. Attend a hearing, if required, where the court exercises its discretion to grant or deny the petition.
  5. Confirm the order is transmitted to FDLE and relevant agencies once the court grants relief.

Because sealing and expunction ultimately rest in the court's discretion, a properly prepared petition and a clear explanation of why relief is appropriate can matter as much as technical eligibility.

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Eligibility Requirements

According to FDLE, a person is generally entitled to only one court-ordered sealing or expunction in a lifetime under these statutes, and eligibility depends on a combination of factors, including:

  • Whether the person has ever been adjudicated guilty of a criminal offense, in Florida or elsewhere
  • Whether the specific charge is statutorily excluded, such as certain violent, sexual, or offenses against minors under Fla. Stat. § 943.0584.
  • Whether a certificate of eligibility has been obtained from the FDLE before a petition is filed with the court
  • Whether the person has previously sealed or expunged another record

FDLE charges a $75 processing fee for a certificate of eligibility application, and the agency's stated processing time is typically around 12 weeks from the date a complete application is received.

Steps to Take If You're Considering Sealing or Expunging Your Record

  • Gather certified copies of the disposition of your case from the Hillsborough County Clerk of Court.
  • Confirm whether you have ever previously sealed or expunged a record in Florida.
  • Avoid assuming eligibility based on general online information, since disqualifying factors are common and case-specific.
  • Speak with an attorney before submitting an application to the FDLE, since a denial can affect future eligibility.
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Why Choose Carlson Hayslett for a Tampa Expungement

If you have an arrest or criminal record, you may be able to have it sealed or expunged, but Florida law has specific eligibility requirements. Our experienced expungement attorneys in Tampa understand the complexities of Florida’s record-sealing and expungement laws and can help determine whether you qualify and guide you through the process.

For more than 55 years, Carlson Hayslett, P.A., has been a trusted part of the Tampa Bay community. Our team takes a hands-on approach to every case, combining personalized service with strong legal advocacy. What distinguishes our firm includes:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

Let us help you pursue a fresh start by determining whether you qualify for record sealing or expungement. To schedule a free consultation, call 727-219-2272 or complete the form on this website today.

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Expungement FAQs

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

How many times can I seal or expunge a record in Florida?

Are all charges eligible for sealing or expunction?

Do I need to have been found not guilty to expunge my record?

How long does the process take?

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

Sealing makes a record confidential but keeps it in existence, while expunction generally destroys most copies, with FDLE retaining a limited confidential copy.

How many times can I seal or expunge a record in Florida?

Generally only once in a lifetime under these statutes, according to FDLE, though a record that was previously sealed for at least 10 years may later become eligible for expunction in some circumstances.

Are all charges eligible for sealing or expunction?

No. Florida law excludes many specific offenses, including most sexual offenses and other serious felonies, from eligibility under Fla. Stat. § 943.0584.

Do I need to have been found not guilty to expunge my record?

Not necessarily, but the disposition of the case matters. Dismissed, no-filed, or acquitted charges are more often eligible for expunction, while withheld adjudications on eligible charges are typically limited to sealing.

How long does the process take?

FDLE's stated processing time for a certificate of eligibility is typically around 12 weeks, and the subsequent court process adds additional time depending on the county and whether a hearing is required.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every expungement or sealing case depends on its own specific facts, and Florida criminal history law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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