Sealing vs. Expungement in Florida: What’s the Difference?

Who Qualifies?

Not everyone is eligible to seal or expunge a record. To qualify, a person must generally meet the following criteria:

• They were not adjudicated guilty (formally convicted) of the offense.
• The charge was dropped, dismissed, resulted in a “not guilty” verdict, or adjudication was withheld.
• They have never previously had a record sealed or expunged.
• They are no longer under court supervision (probation, community control, etc.).
• The offense is not one of the serious crimes barred by law, such as sexual offenses, violent crimes, and certain drug or fraud-related charges.

For expungement, most people must first have their record sealed for 10 years before they can apply—unless the charges were dismissed, they were acquitted, or no plea was entered.

Who is Disqualified?

You cannot seal or expunge a record if:

• You were adjudicated guilty (convicted) of the charge.
• Your offense falls into the category of crimes that can never be sealed or expunged (for example, sex offenses, violent felonies, child abuse, drug trafficking, and similar serious crimes).
• You have previously had another record sealed or expunged.
• You provide false information in your petition (this can even be prosecuted as a felony).

Even if you qualify, judges still have discretion to deny a petition.

Why It Matters

Having a criminal record—even for an arrest that never led to a conviction—can affect job opportunities, housing, education, and professional licensing. Sealing or expunging a record can give someone a fresh start by making that record invisible in most everyday situations.