🧾 Sealing & Expungement in Fort Lauderdale and South Florida
Florida law gives eligible individuals the opportunity to either seal or expunge their criminal history records under Florida Statute 943.045. While both options offer significant benefits, the eligibility criteria and outcomes differ in important ways.
✅ What Does It Mean to Seal or Expunge a Record?
Sealing a record makes it confidential. Government agencies and the public can no longer view it, with limited exceptions.
Expunging a record means it is physically destroyed by all agencies, except for the Florida Department of Law Enforcement (FDLE), which retains a confidential copy.
Both processes help individuals move forward with their lives by minimizing the impact of past arrests or charges when applying for jobs, housing, or professional licenses.
🔒 When Can You Seal a Record?
If the State of Florida proceeded with your case and the outcome was a withhold of adjudication, you may qualify for sealing, not expungement. This is common in plea agreements.
However, after 10 years, a sealed record may become eligible for expungement if no additional offenses have occurred during that time.
🔍 Key Differences Between Sealing and Expunging
| Feature | Sealing | Expungement |
|---|---|---|
| Who Keeps the Record | Criminal justice agencies (record made confidential) | Record destroyed (except for FDLE) |
| Who Can See It | You, your attorney, and limited agencies (e.g., firearm purchases) | No one, unless a judge issues a court order |
| Can You Legally Deny It? | Yes, except for specific scenarios (e.g., buying a gun or applying for a concealed carry permit) | Yes, with some exceptions (e.g., applying to be a police officer, teacher, or guardian) |
| Eligibility | If the case resulted in a withhold of adjudication | If charges were dropped or dismissed, or you were found not guilty |
| Future Expungement | Eligible for expungement after 10 years | Already considered the final step |
⚠️ Who Can Still See a Sealed or Expunged Record?
Even if your record is sealed or expunged, disclosure may still be required if:
- You apply for employment with a criminal justice agency,
- You are a defendant in a new case,
- You apply for The Florida Bar,
- You seek employment with the Department of Children and Families, Department of Juvenile Justice, or similar agencies that serve vulnerable populations,
- You apply for a teaching position or work in education,
- You seek to become a legal guardian.
Frequently Asked Questions: Sealing and Expungement in Florida
🔹 Who is eligible to expunge a criminal record in Florida?
You may be eligible to expunge your criminal record if your case was dropped, dismissed, or you were found not guilty. Expungement is available when there was no formal conviction and no adjudication of guilt.
🔹 Can I seal a record if I received a withhold of adjudication?
Yes. If your case resulted in a withhold of adjudication, you may be eligible to seal your record. After 10 years, a sealed record may qualify for expungement—as long as no other offenses occurred.
🔹 What is the difference between sealing and expungement in Florida?
Sealing a record makes it confidential, while expungement physically destroys the record. Both limit public access, but expungement provides a greater level of privacy.
🔹 How long does the expungement process take in Florida?
The sealing or expungement process typically takes 5 to 7 months in Florida, depending on how quickly you complete paperwork and whether the Florida Department of Law Enforcement (FDLE) approves your application.
🔹 Can I legally deny my criminal record after it is sealed or expunged?
Yes—with some exceptions. After sealing or expungement, you can legally deny the incident in most situations. However, disclosure is still required when applying for certain jobs (e.g., law enforcement, education, or childcare).
🔹 Does a sealed or expunged record show up on a background check?
Once your record is sealed or expunged, it will not appear on most standard background checks. However, certain government agencies may still have access under specific circumstances.
🔹 Do I need a lawyer to seal or expunge my record in Florida?
While you can apply on your own, working with a criminal defense attorney in Fort Lauderdale ensures accuracy, faster processing, and fewer chances of denial. At Michael White, P.A., we guide you through every step.
📞 Ready to Clear Your Record?
If you’re ready to leave your past behind, we’re ready to help. Michael White, P.A. has successfully handled sealing and expungement cases across Fort Lauderdale and South Florida. Let us help you restore your privacy and peace of mind.
👉 Call (954) 270-0769 or schedule a free consultation today.
