Expunging & Sealing

People are often shocked to learn that a case which was dismissed still shows up on a background check. The arrest itself creates a record, and that record stays public unless you take action to seal or expunge it.

Sealing and expunging are not the same

• Sealing keeps the record in existence but closes it to the public. Most people and most employers can no longer see it.
• Expunging goes further. The record is physically destroyed by the agencies that hold it, and what remains is a notation that a court ordered the expunction.

Which one you qualify for usually depends on how the case ended. Cases where charges were never filed or were dismissed often point toward expunction. Cases resolved with a withhold of adjudication frequently point toward sealing.

Who generally qualifies

Florida sets real limits. You generally cannot have been adjudicated guilty of the offense you want cleared, and you generally cannot have been adjudicated guilty of any criminal offense as an adult. Certain serious offenses are excluded by statute no matter how the case ended. And in most circumstances this is something you can do once in your life, which is a strong reason to be deliberate about which record you use it on.

How the process runs

The first step is applying to the Florida Department of Law Enforcement for a certificate of eligibility, which involves fingerprints, a certified disposition of the case, and a filing fee. Once the certificate is issued, a petition goes to the court in the county where the case was handled. The whole thing commonly takes several months, and most of that is waiting on agencies rather than on the court.

What it does and does not do

After a record is sealed or expunged, you can lawfully deny the arrest in most situations, including on most job applications. There are specific exceptions written into the law, such as applying to work with children or the elderly, seeking admission to the Florida Bar, or applying for certain government positions, where the record must still be disclosed. Immigration authorities can also still see it, which matters if you are not a citizen.