- Dorothy Naumann
- Indian River County, FL
The difference between expungement and sealing in Florida
Florida law provides two distinct remedies for limiting public access to criminal records. Expungement under Florida Statute 943.0585 results in the physical destruction of the record by the Florida Department of Law Enforcement (FDLE) and all criminal justice agencies. Sealing under Florida Statute 943.059 results in the record being made confidential and exempt from public disclosure, but the record is not destroyed.
Both remedies restrict access to the record for most purposes. However, certain agencies and employers are authorized to access sealed records even after sealing, including criminal justice agencies, certain licensing boards, and entities conducting background checks for positions involving children or vulnerable persons.
Eligibility requirements for expungement
To be eligible for expungement under Florida Statute 943.0585, a person must not have been adjudicated guilty of any criminal offense, meaning no conviction, and must not have been adjudicated delinquent for a disqualifying offense as a juvenile. The person must also have had the charge dismissed, nolle prossed, or acquitted, or must have successfully completed a court-ordered diversion program.
A person is generally eligible for only one expungement in their lifetime under Florida law. If a person previously had a record sealed, they may petition for expungement of that sealed record under certain conditions.
Eligibility requirements for sealing
To be eligible for sealing under Florida Statute 943.059, a person must not have been adjudicated guilty of the charge being sealed and must not have a prior adjudication of guilt for any criminal offense. The charge must be one that is eligible for sealing, as certain offenses are specifically excluded by statute regardless of the outcome.
Florida Statute 943.059(1) lists offenses that are not eligible for sealing regardless of whether adjudication was withheld. These include certain violent felonies, sex offenses, offenses against children, and trafficking offenses.
The application process through FDLE
A person seeking to seal or expunge a record must obtain a certificate of eligibility from the Florida Department of Law Enforcement before filing a petition with the court. The application for the certificate requires submission of fingerprints, a sworn statement, and applicable fees.
After receiving the certificate of eligibility, the person files a petition in the circuit court in the county where the arrest occurred. The court reviews the petition and may hold a hearing. If the petition is granted, the court issues an order directing all agencies to seal or expunge the record as applicable.
Frequently asked questions
What is the difference between expungement and sealing in Florida?
Expungement under Florida Statute 943.0585 results in physical destruction of the record. Sealing under Florida Statute 943.059 makes the record confidential but does not destroy it. Both restrict public access, but sealed records remain accessible to certain agencies.
Can you expunge a felony in Florida?
Felony charges that were dismissed, nolle prossed, or resulted in acquittal may be eligible for expungement under Florida Statute 943.0585, provided the person was not adjudicated guilty. Certain felony offenses are specifically excluded from eligibility.
How long does the expungement process take in Florida?
The process includes obtaining a certificate of eligibility from FDLE and filing a petition in circuit court. Processing times vary but the complete process typically takes several months from start to finish.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.