What’s the Difference Between Expungement and Record Sealing in Florida?
Although the terms expungement and record sealing are often used interchangeably, they are not the same under Florida law. Both legal remedies are designed to limit public access to certain criminal records, but they differ in how records are handled and who may still have access to them.
Understanding the difference is an important first step in determining whether either option may be available in your situation.
What Is Record Sealing?
When a criminal record is sealed, it is removed from public view, meaning most employers, landlords, and members of the general public will not be able to access it through a standard background check.
However, the record still exists and may be accessed by certain government agencies and other entities authorized by Florida law.
Whether a record may be sealed depends on the outcome of the case and other eligibility requirements established by law.
What Is Expungement?
Expungement generally provides a greater level of privacy than record sealing.
When an eligible criminal record is expunged, the public record is removed, although certain government agencies may still retain limited access as permitted by Florida law.
Not every record qualifies for expungement, and eligibility depends upon the facts of the case and the applicable legal requirements.
Which Option Is Better?
There is no single answer.
Whether record sealing or expungement is the better option depends upon:
- The disposition of your criminal case
- Your criminal history
- Whether you satisfy Florida’s eligibility requirements
- The specific offense involved
The appropriate option depends upon your individual circumstances.
Can Everyone Choose Between Sealing and Expungement?
No.
Florida law establishes specific eligibility requirements for both record sealing and expungement.
Depending on the outcome of your case, you may qualify for one option, neither option, or, in some circumstances, you may first seal a record before later becoming eligible to expunge it.
Every case should be evaluated individually.
Understanding Your Eligibility
Because Florida’s record sealing and expungement laws contain detailed eligibility requirements, reviewing your criminal history and the disposition of your case is an important first step.
Determining whether you qualify requires more than simply looking at the charge—it also depends on how your case was resolved and whether you satisfy all applicable legal requirements.
Work Directly With Attorney Ron Baum
If you are facing criminal charges or have questions about your legal rights, obtaining experienced legal guidance early can make an important difference.
For more than 30 years, Attorney Ron Baum has worked directly with clients throughout Broward County, explaining the legal process, carefully reviewing the facts of each case, and developing a defense strategy based on each client’s individual circumstances.
Attorney Ron Baum offers free consultations and is available to discuss your case, answer your questions, and explain your legal options.
FREE CONSULTATION
Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.