Sealing and expunging are not the same thing

Sealing closes the record to public view. It still exists, and a limited set of agencies can still see it, but it no longer appears on an ordinary background check.

Expunging goes further. The agencies holding the record destroy it, and FDLE retains only a confidential copy that requires a court order to access.

Which one applies depends mainly on how the case ended. Cases that were dismissed or never formally filed may qualify for expunction. Cases that ended with a withhold of adjudication are typically sealed rather than expunged.

The certificate of eligibility comes first

Before a court will consider your petition, you have to obtain a certificate of eligibility from the Florida Department of Law Enforcement. That application requires fingerprints, a certified disposition of the case, a fee, and a statement from the State Attorney’s office.

Only after FDLE issues the certificate does the petition go to the circuit court. Missing paperwork at this stage is the most common reason applications get returned, and it costs months.

Who qualifies

• You generally get one. Florida allows this once in a lifetime for most people, so it is worth using on the right case.
• No prior adjudication of guilt. If you have ever been adjudicated guilty of any criminal offense, including in another state, that usually disqualifies you.
• The case has to be fully closed, with any probation or supervision completed.
• Some offenses are excluded by statute regardless of outcome, including many sex offenses, violent felonies, and offenses against children.

A dismissal or a withhold does not automatically mean you are eligible, and being ineligible on one case does not always mean you are ineligible on another. It is worth having someone read the actual disposition rather than guessing from memory.

Who can still see a sealed record

Sealing is not invisibility. Florida law lets certain entities see a sealed record, including law enforcement, the Florida Bar, and agencies involved in licensing for work with children, the elderly, or the disabled. If you are applying for a job in one of those fields, or seeking admission to a licensed profession, you generally still have to disclose.

For most ordinary employment and rental applications, though, a sealed or expunged record means you can lawfully deny the arrest ever happened.

How long it takes

Plan on several months from start to finish. The FDLE certificate stage is usually the longest part, and the court petition follows after. It is not fast, but it is finite, and it is permanent once it is done.