Your Record & Life After the Case

What is the difference between sealing and expunging?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Sealing makes the record confidential; expunction destroys it, leaving only a notation at FDLE.

Sealing makes the record confidential and exempt from public disclosure. It still exists, and specified agencies can still access it — including for certain licensing, employment with criminal justice agencies, and firearms purchases.

Expunction goes further. The record is physically destroyed by the agencies holding it, and FDLE retains only a confidential notation that a record was expunged, accessible by court order.

Which is available depends on how the case ended. Where adjudication was withheld, sealing is generally the option. Where charges were dismissed or never filed, expunction may be available.

The path between them. A record that was ineligible for expunction because adjudication was withheld can become eligible after it has been sealed for ten years. That means a withhold isn't a permanent ceiling — it's a ten-year waiting period.

Both are subject to the once-in-a-lifetime limitation, and both require a certificate of eligibility from FDLE followed by a court petition.

If you sealed a record ten years ago, check whether you can now expunge it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.