What Is The Difference Between Expungement And Sealing In Florida?

Navigating the criminal justice system can be a daunting experience, and understanding the options available to clear or restrict your criminal record is crucial. In Florida, two legal remedies often discussed are expungement and sealing of criminal records. While both processes can significantly benefit individuals seeking a fresh start, they have distinct differences that are important to understand.

Understanding Expungement in Florida

Expungement is a legal process that results in the physical destruction of a criminal record. When a record is expunged, it is as if the event never occurred—at least in the eyes of the public. This means that the details of the case are removed from the public record, and you are legally allowed to deny the existence of the record, even under oath, with very few exceptions.

Eligibility for Expungement

To be eligible for expungement in Florida, the individual must have had their charges dropped, dismissed, or acquitted, or have completed a pre-trial diversion program. It’s important to note that not all offenses are eligible for expungement. Serious offenses like sexual battery, homicide, or certain other violent crimes cannot be expunged.

The Expungement Process

The process of expungement begins with filing a petition with the court, along with obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). Once approved, the court orders the record to be expunged. This results in the removal of the record from public databases, but some government agencies may still have access to the expunged information under specific circumstances.

Understanding Sealing in Florida

Sealing, on the other hand, does not involve the destruction of a criminal record. Instead, it restricts access to the record, making it invisible to the public. While the record still exists, it is no longer accessible in most background checks. However, certain entities, such as law enforcement agencies, government employers, or professional licensing boards, can still access sealed records.

Eligibility for Sealing

To be eligible for sealing, an individual must not have been adjudicated guilty of the offense. Additionally, the offense must be one that qualifies for sealing under Florida law, and the person must not have had a prior criminal record sealed or expunged.

The Sealing Process

The process of sealing a record in Florida is similar to expungement. The individual must first obtain a Certificate of Eligibility from the FDLE and then file a petition with the court. If the petition is granted, the court orders the record to be sealed, making it inaccessible to the general public.

Key Differences Between Expungement and Sealing

• Accessibility: Expungement physically destroys the record, while sealing only restricts access to it. Expunged records are not accessible to anyone, including most government agencies, whereas sealed records can still be accessed by certain entities.
• Legal Rights: After expungement, you can legally deny the existence of the record in most situations. In contrast, if a record is sealed, you may still need to disclose its existence to certain employers or government agencies.
• Eligibility: Both processes have strict eligibility requirements, but expungement is generally more restrictive, as it requires that charges were dismissed or dropped, or that the individual completed a pre-trial diversion program.

Why Understanding These Differences Matters

Knowing the difference between expungement and sealing is crucial for anyone looking to minimize the impact of a past mistake. The right approach depends on the specifics of your case, your criminal history, and your future goals. At the Law Office of Denise Miller, we are committed to helping our clients understand their options and achieve the best possible outcomes. Whether you are seeking to expunge or seal your record, our experienced legal team is here to guide you through the process.

Contact the Law Office of Denise Miller for Assistance

If you or someone you know is considering expungement or sealing of a criminal record in Florida, contact the Law Office of Denise Miller today. Our skilled attorneys will work with you to assess your eligibility, guide you through the legal process, and help you regain control of your future. Don’t let your past define you—take the first step towards a fresh start by scheduling a consultation with our team.