People use sealing and expunging as if they mean the same thing, and Florida law treats them as two different remedies with different effects. This page explains the difference, which one your case allows, the ten-year path from one to the other, and who can still reach the record after relief is granted.
The Core Difference
Section 943.045 defines the two. Sealing keeps a record secure and inaccessible to anyone without a legal right to it. Expunction is the court-ordered physical destruction of the record, with a single confidential copy retained by FDLE. In plain terms, a sealed record is hidden, and an expunged record is gone.
| Sealing (s. 943.059) | Expunging (s. 943.0585) | |
|---|---|---|
| What happens to the record | Preserved but made confidential and exempt from public disclosure | Physically destroyed, with one confidential copy kept by FDLE |
| Who can still see it | Only the agencies listed in section 943.059(4)(a) | Released only by court order |
| Usual disposition | Adjudication was withheld | No charge filed, or charges dropped, dismissed, or an acquittal |
| Later step | May be expunged after ten years | Already the strongest relief available |
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and a record that follows someone after the case is over is something I have watched cost good people jobs, housing, and licenses. My office handles the seal and expunge process from the FDLE eligibility check through the court order. Learn more about my background.
Which One Your Case Allows
You rarely get to pick. The disposition decides the remedy. A case that ended in a withhold of adjudication is sealed, and a case that ended with no charge filed, a dropped or dismissed charge, or an acquittal is expunged. Confirming which bucket your case falls in is part of the eligibility review.
The Ten-Year Bridge From Sealed to Expunged
A seal is not always the end of the road. A record that has been sealed for ten years may then be expunged, moving the relief from confidential to destroyed. For someone whose disposition only allowed sealing at first, that bridge is worth planning for, because it eventually delivers the stronger result.
Who Can Still See the Record
Neither remedy is a perfect cloak. A sealed record stays visible to the agencies listed in section 943.059(4)(a), and an expunged record can be released only by court order. Florida law also names specific situations where you are still expected to disclose the record, including applying for work with a criminal justice or law enforcement agency, seeking admission to The Florida Bar, applying for certain positions with direct contact with children, the elderly, or the disabled, and standing as a defendant in a later criminal case.
One Choice in a Lifetime
The court-ordered process is a one-time relief, and it covers both remedies, so the choice deserves care. When your disposition allows expunging, that is almost always the better use of the one chance, because it destroys the record instead of hiding it. Spending the one-time relief on a seal when an expunge was available is the kind of avoidable mistake worth a conversation first.
Common Questions
What is the difference between sealing and expunging?
Sealing keeps the record but makes it confidential and off limits to the public, while a small set of agencies can still see it. Expunging goes further and orders the record physically destroyed, with one confidential copy kept by FDLE that is released only by court order.
Which one is better?
Expunging is the stronger relief because the record is destroyed rather than just hidden. You do not usually get to choose, though. The way your case ended decides which one you qualify for, and a withhold of adjudication is sealed while a dismissal or acquittal is expunged.
Can I expunge a record that was already sealed?
Yes. A record that has been sealed for ten years may then be expunged, which upgrades the relief from hidden to destroyed. It is a useful path when your disposition only allowed a seal at first.
Who can still see a sealed record?
Only the agencies listed in section 943.059(4)(a), which are mostly criminal justice and certain licensing and screening bodies. The general public, most employers, and landlords cannot see it, which is the point of sealing.
If my case was dismissed, should I seal or expunge it?
A dismissal or acquittal qualifies for expunging, the stronger relief, so that is normally the better choice. Because the one-time relief is precious, it is worth confirming the disposition and the offense before you spend it.
Related: Sealing and Expunging, Who Qualifies, The Process Step by Step, and Withhold of Adjudication.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Court-ordered sealing and expunging in Florida are governed by sections 943.059 and 943.0585, Florida Statutes, the list of ineligible offenses in section 943.0584, the automatic sealing provisions of section 943.0595, and Florida Rule of Criminal Procedure 3.692. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
