What Is the Difference Between Record Sealing and Expungement in Florida?

Many people who are exploring options for clearing their criminal record encounter two terms: record sealing and expungement.

Although the terms are often used interchangeably, they are not the same thing.

Understanding the differences between record sealing and expungement is important when determining which option may be available under Florida law.

What Is Record Sealing?

Record sealing is a legal process that limits public access to a criminal record.

When a record is sealed, it still exists, but it is generally no longer available to the public through standard background checks and public record searches.

Certain government agencies and authorized entities may still be able to access sealed records under specific circumstances.

For many individuals, sealing a record can reduce the impact of a past arrest or criminal case on future opportunities.

What Is Expungement?

Expungement generally provides a greater level of privacy than record sealing.

When a record is expunged, the public record is removed from public access, although certain government agencies may retain limited information as permitted by law.

Expungement is often viewed as the more comprehensive form of record relief.

However, not every individual qualifies for expungement.

Which Option Is Better?

There is no universal answer.

The best option depends on:

• Eligibility requirements
• Criminal history
• The outcome of the case
• Prior sealing or expungement history
• Florida statutory requirements

Some individuals may qualify for one form of relief but not the other.

Because every situation is unique, eligibility should be evaluated based on the specific facts involved.

Do Sealed or Expunged Records Still Appear on Background Checks?

In many situations, sealed and expunged records are no longer available through standard public record searches and routine background checks.

However, certain agencies and entities may still have access under limited circumstances authorized by law.

The exact scope of access depends on the type of record relief obtained and the circumstances involved.

Does Every Criminal Case Qualify?

No.

Florida law establishes specific eligibility requirements for both sealing and expungement.

Potential factors affecting eligibility may include:

• Prior convictions
• The disposition of the case
• Prior record relief
• Certain disqualifying offenses
• Compliance with statutory requirements

Because eligibility can be complex, individuals should avoid making assumptions regarding qualification.

Why Do People Seek Record Relief?

A criminal record can create challenges long after a case has ended.

Individuals often seek sealing or expungement to help minimize the impact of a record on:

• Employment opportunities
• Professional licensing
• Housing applications
• Educational opportunities
• Personal privacy

For eligible individuals, record relief may provide valuable opportunities moving forward.

Understanding Florida Record Sealing and Expungement Laws

Florida law provides separate procedures governing record sealing and expungement.

For additional information, you can review:

Florida Statute 943.0585 – Court-Ordered Criminal History Record Expungement:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html

Florida Statute 943.059 – Court-Ordered Criminal History Record Sealing:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html

Understanding the differences between these forms of relief is an important first step when evaluating your options.

Work Directly With Attorney Ron Baum

If you have questions regarding record sealing or expungement in Broward County, it is important to understand which options may be available under Florida law.

Attorney Ron Baum works directly with clients, reviewing eligibility requirements, evaluating record histories, and helping individuals understand the legal relief that may be available.

Every situation is different. Obtaining experienced legal guidance can help ensure that available opportunities are fully explored.