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

If a Florida criminal record is holding you back from a job, a lease, a professional license, or a clean fresh start, you have likely come across two words that get used interchangeably but mean very different things: sealing and expungement. They are governed by different statutes, have different eligibility rules, treat your record differently after the fact, and lead to different real-world outcomes. The Mayberry Law Firm, a Tampa criminal defense firm led by former prosecutor Jason Mayberry, regularly helps people across Hillsborough County and the broader Tampa Bay area decide which path applies to their case and shepherd the petition through the Florida Department of Law Enforcement and the local court. To talk through your specific situation with a Tampa criminal defense attorney, call (813) 444-7435 for a free consultation.

Definition and Elements: How Florida Defines Each Remedy

A Florida record seal and a Florida record expungement are both court orders that limit public access to a criminal history, but they are not synonyms. Under Fla. Stat. § 943.059, sealing applies when a case ended without a formal conviction, typically because adjudication was withheld and the charge did not result in a guilty verdict. The record continues to exist, and a narrow list of agencies (criminal justice agencies, certain licensing boards, the Department of Children and Families, the Department of Education, and a few others) can still see it. To the general public, however, the record is invisible.

Expungement under Fla. Stat. § 943.0585 is the stronger remedy. It applies when charges were dropped, dismissed, or resulted in an acquittal, and when the case otherwise meets statutory eligibility. An expungement order directs every state and local agency holding the record to physically destroy or obliterate it. The Florida Department of Law Enforcement keeps a single confidential copy, which can be released only by court order. With limited exceptions, you can lawfully deny that the arrest ever happened.

Both remedies require an FDLE Certificate of Eligibility before a petition can be filed in the circuit court where the charge was prosecuted. In Tampa, that is the 13th Judicial Circuit in and for Hillsborough County. In surrounding counties served by The Mayberry Law Firm (Pasco, Pinellas, Polk, Manatee, Sarasota, and Hernando), the petition is filed in the local circuit court where the case occurred.

Who Is Eligible to Seal a Florida Criminal Record?

The single biggest factor in determining sealing eligibility is whether you were ever adjudicated guilty. If a Florida judge withheld adjudication and you completed the terms of your sentence, you are likely on the sealing track. If the judge adjudicated you guilty of the charge, neither sealing nor expungement is available for that case, with very narrow statutory exceptions.

Beyond the no-adjudication requirement, Florida law imposes additional conditions. You must have no prior sealings or expungements of any other criminal record in Florida. You must have no current pending criminal charges. You must not have been adjudicated guilty (or adjudicated delinquent for offenses listed in the statute) of any prior criminal offense. The charge you want sealed cannot appear on the statutory list of disqualifying offenses in Fla. Stat. § 907.041, which includes sexual battery, child pornography, lewd or lascivious offenses, aggravated assault, aggravated battery, robbery, burglary of a dwelling, carjacking, home invasion robbery, manufacturing controlled substances, drug trafficking, and several others.

Even if a charge appears on the disqualified list, you should still confirm with counsel. Some cases involve multiple charges where the disqualifying charge was dropped and only an eligible charge remains. The FDLE Certificate of Eligibility process catches some issues but not all, which is why attorney review at the front end of the process saves time and money.

Who Is Eligible to Expunge a Florida Criminal Record?

Expungement is generally reserved for arrests that did not result in a conviction or a withheld adjudication. The most common qualifying outcomes are: the State Attorney’s Office declined to file formal charges (a no-information or nolle prosequi), the charges were dismissed by the court, you were acquitted at trial, or the case was otherwise resolved without any finding of guilt.

The same general eligibility floor applies as with sealing: no prior sealings or expungements in Florida, no pending charges, no prior adjudications of guilt, and no statutorily disqualified offenses. The FDLE Certificate of Eligibility is required first, then the petition goes to the circuit court.

There is also a useful provision in Fla. Stat. § 943.0585(2)(h) for records that have already been sealed for at least 10 years. If your record was sealed and a full decade has passed without disqualifying activity, you may be eligible to convert the seal to an expungement. This matters because the long-term protection of an expungement is meaningfully stronger than a seal, particularly when applying for certain professional licenses or federal positions.

How Does the Florida Sealing and Expungement Process Actually Work?

The process for both remedies is procedurally similar and runs through three stages: FDLE certification, court petition, and order distribution.

Stage one is the Application for Certification of Eligibility filed with the Florida Department of Law Enforcement in Tallahassee. The application requires a certified disposition of the case from the clerk of court, fingerprints taken on an FDLE-approved fingerprint card, a $75 processing fee, and a signed statement from the State Attorney’s Office in the county where the charge was prosecuted confirming that the office does not object (required for expungement, recommended for sealing). FDLE typically processes the application in 90 to 120 days, though times vary.

Stage two is filing the verified petition in the circuit court. The petition must be accompanied by the FDLE Certificate of Eligibility, a sworn statement that meets the requirements of the statute, a proposed order, and the appropriate filing documents. In Hillsborough County, the petition is filed at the George E. Edgecomb Courthouse in downtown Tampa. The State Attorney’s Office and the arresting agency receive copies and have the opportunity to object. Most uncontested petitions are decided on the papers, but the court has discretion to set a hearing, and in some Tampa Bay area circuits a hearing is standard.

Stage three is order distribution. Once the court signs the order, certified copies must go to FDLE, the arresting agency, the State Attorney’s Office, the clerk of court, the booking facility, and any other agency known to hold the record. Each agency then complies according to its own internal procedure. Sealing agencies restrict access; expunging agencies destroy or obliterate their copy. FDLE keeps a confidential master copy.

The full timeline from start to finish is typically six to nine months in Hillsborough County, sometimes longer in surrounding counties or when the State Attorney’s Office objects.

What Are the Real-World Differences Between Sealing and Expungement?

The practical differences come down to who can see the record after the order is entered and what you can say about it under oath.

After sealing, the record is removed from public view and from most commercial background check databases. Standard private-employer background checks should not return the record. Public records requests should not produce it. However, criminal justice agencies, certain entities listed in Fla. Stat. § 943.059(4), and the agencies that license and regulate occupations identified by statute can still access the sealed record. If you are asked about it by one of those agencies (for example, when applying to the Florida Bar, the Department of Children and Families, the Department of Education, a position with a criminal justice agency, or to purchase or operate a firearm dealership), you must disclose it.

After expungement, the record is destroyed at every agency except FDLE’s master copy, which is sealed and confidential. The list of entities that may still access the record is narrower than for sealing, and the questions you must answer truthfully are correspondingly narrower. For most employment and licensing questions outside the categories listed in the statute, you may lawfully state that the arrest never occurred.

Neither remedy reaches federal records. If the FBI received a fingerprint card or if the arrest is in the National Crime Information Center database, a Florida court order does not automatically clear those federal databases. A separate process is required, and the practical outcome varies.

What Should You Do Right Now If You Want to Seal or Expunge a Tampa Case?

The first step is gathering the basic information about your case: the case number, the county and court where it was prosecuted, the disposition (specifically whether adjudication was withheld or charges were dropped), and any prior Florida criminal history. With that information, an attorney at The Mayberry Law Firm can usually tell you within a single conversation whether you are eligible for sealing, eligible for expungement, eligible to convert a prior seal, or ineligible.

If you have a prior sealed or expunged record, do not file a new application without legal review. Filing a second sealing or expungement petition when you are not eligible can trigger problems with FDLE, including potential criminal exposure for filing a false affidavit. The eligibility rules are unforgiving on the “one bite at the apple” issue.

If you have a case that was resolved with a withheld adjudication and a withhold-eligible charge, time is on your side, but life is not. Job applications, license renewals, and rental applications continue to ask about criminal history. Starting the process now means the order is in hand by the time the next application comes around.

Related Topics

Many people considering record relief have additional questions that intersect with this process. The Mayberry Law Firm’s record sealing and expungement hub covers the broader practice area, including the underlying statutes and timelines. If your interest in clearing a record stems from concerns about a current or completed sentence, our pages on violation of probation and criminal appeals walk through what options remain when a case is still open or when an adjudication of guilt has already been entered. People often ask about specific charge types as well, and our DUI defense page explains why a DUI adjudication is one of the most common bars to sealing.

Frequently Asked Questions About Sealing and Expungement in Florida

Can I seal or expunge a DUI conviction in Florida?

No. If you were adjudicated guilty of a DUI, the case cannot be sealed or expunged under Florida law. If your DUI was reduced to reckless driving with a withhold of adjudication, or if the charge was dropped or dismissed, you may be eligible. The disposition is what controls, not the original charge.

How long does the sealing and expungement process take in Hillsborough County?

From start to finish, expect six to nine months in most uncontested cases. FDLE processing is the longest single step, typically 90 to 120 days. Court review after the petition is filed usually takes another 60 to 90 days in the 13th Judicial Circuit.

Can a Florida sealing or expungement be undone?

Yes, in limited circumstances. The court that entered the order retains jurisdiction to vacate it for fraud on the court, and certain new criminal activity can effectively reopen the record by making it available to law enforcement and prosecutors. The order is durable but not absolute.

Will a sealed record show up on a background check for a federal job or security clearance?

Possibly. Florida sealing and expungement do not reach federal databases. Federal background investigations, particularly for security clearances, require disclosure of all arrests regardless of state-level relief. Some federal employers and the military will see and consider the record even after a Florida order.

How much does sealing or expungement cost through The Mayberry Law Firm?

Costs include a $75 FDLE processing fee, a court filing fee that varies by county, fingerprint processing costs, and attorney fees that depend on the complexity of the case. The Mayberry Law Firm offers a free consultation to assess eligibility and provide a quote before any work begins.

Can I seal a record if I was adjudicated guilty of a different charge in another case?

No. A prior adjudication of guilt anywhere in Florida disqualifies you from sealing or expunging any record. This is one of the most common eligibility issues we see, and it is the reason a careful review of your full Florida criminal history is the first step in every case.

Contact The Mayberry Law Firm About Your Florida Record Sealing or Expungement

A Florida criminal record does not have to follow you for the rest of your life. If your case ended without a conviction or with a withhold of adjudication, you may be eligible to seal it or expunge it, and the difference between those two outcomes matters. The Mayberry Law Firm has helped people across Tampa, Hillsborough County, and the surrounding Tampa Bay area clear records and move forward with their lives. Call (813) 444-7435 for a free consultation, or reach the firm through the contact page to start the process.