Sealing vs. Expunging a Criminal Record
What Is the Difference?
A criminal case that was dropped years ago can still cost you a job, an apartment, or a professional license, because the arrest shows up on background checks even when nothing came of it. Florida law offers a fix, but it comes with strict rules, a one-time limit, and a process that is easy to get wrong. Understanding the difference between sealing and expunging is the first step.
What Expungement Does
When a record is expunged, the court orders the arresting agency and the clerk to physically destroy their copies. The Florida Department of Law Enforcement retains a confidential copy that is not available to the public. In most situations you may lawfully deny the arrest ever happened. Expungement is available when the charge was never filed by the State Attorney, was dismissed, or resulted in an acquittal at trial.
What Sealing Does
A sealed record still exists but is removed from public view. Employers, landlords, and the general public cannot see it, and you may deny it in most contexts. Certain government agencies, including law enforcement and licensing bodies for sensitive professions, can still access sealed records. Sealing is the option when the case ended in a withhold of adjudication, meaning you entered a plea or were found guilty but the judge withheld a formal conviction. After a record has been sealed for 10 years, it may become eligible for expungement.
Who Is Eligible
Eligibility turns on three questions. First, you cannot have been adjudicated guilty of any criminal offense, anywhere, at any time. A single conviction, even for a minor misdemeanor, ends the inquiry. Second, you cannot have previously sealed or expunged a record in Florida. The law allows one per lifetime. Third, the offense itself must not fall on the list of excluded crimes, which includes most violent felonies, sex offenses, and DUI when adjudicated.
Because you get only one, choosing which case to seal or expunge matters if you have more than one arrest on your record. A lawyer can help you weigh which record does the most damage.
The Process in St. Johns County
The petition begins with an application to FDLE for a certificate of eligibility, which requires fingerprints, a certified disposition from the clerk, and a signed statement from the State Attorney. FDLE’s review can take several months. Once the certificate issues, the petition is filed in the court where the case was handled, and the judge may grant it without a hearing or set one if the State objects. Errors in the application, a missing disposition, or a mischaracterized charge can restart the entire timeline.
Why It Is Worth Doing
Florida’s public records system makes arrest information unusually easy to find. Sealing or expunging a record does not undo the past, but it removes the most common barrier that a past arrest creates. For many clients it is the last step in truly closing a chapter.
Talk to a St. Augustine Expungement Lawyer
Albaugh Law Firm handles sealing and expungement petitions in St. Johns and Duval counties. We review your full record, confirm eligibility, and manage the FDLE and court process from start to finish. Call 904-471-3434 for a free consultation.
