Expungement Lawyer in Florida Explains the Difference Between Sealing and Expunging a Florida Arrest Record

A criminal record, even for a simple arrest without a conviction, can create severe challenges in employment, housing, and education. In Florida, there are two legal options to limit public access to these records: sealing and expungement. 

If you believe that expunging or sealing your records could be a beneficial process to pursue, consult with a Florida expungement lawyer with The Law Office of Timothy Sullivan who has successful experience with both.

What is Record Sealing?

Sealing a record restricts public access but does not erase the charge or result in the record of the charge being destroyed. Law enforcement agencies and courts can still view sealed records. This provides privacy from public scrutiny while allowing government bodies and entities access for specific purposes, such as background checks.

A record can be sealed if a case did not lead to a conviction, such as when charges were dropped, dismissed, or resulted in withheld adjudication. The individual seeking sealing must have no prior convictions or previously sealed or expunged records. However, certain crimes, such as drug trafficking, sexual crimes, domestic battery and violent felonies, are not eligible for sealing.

Sealing protects against public access but does not eliminate the record entirely. It remains visible to certain entities for authorized purposes.

What is Record Expungement?

Expungement removes the record from public access and typically results in it being destroyed.  However, law enforcement may retain limited access under special conditions. 

Expungement is a possibility if the arrest did not result in a conviction and the charges were either dismissed or not pursued. Eligibility for expungement requires no prior convictions or previously sealed or expunged records. 

The most significant benefit of expungement is the ability to deny the existence of the record in most circumstances, which results in the greatest level of privacy.

How to Seal or Expunge a Record

Both the sealing and expungement processes follow similar steps. Eligibility must first be confirmed under Florida law. All applicants must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. This certificate is then submitted with a petition to the court where the arrest occurred, and a judge then reviews the petition to determine whether to grant the request.

Due to the complexity and particular nature of these processes, working with a skilled and successful Florida expungement attorney with The Law Office of Timothy Sullivan can make all the difference in whether your request is accepted or denied.

The Benefit of Sealing or Expunging a Record

Both sealing and expunging a record offer substantial benefits. Employers and landlords conducting background checks will not see sealed or expunged records. For many, this means a fresh start without the burden of a past arrest affecting their future and any opportunities for a better life.

Which Option Is Best for You?

The choice between sealing and expungement depends on your case details and long-term goals. Expungement provides more comprehensive privacy but may not be available or applicable for all cases.

At The Law Office of Timothy Sullivan, our Florida expungement attorneys have extensive experience helping clients protect their futures through record sealing or expungement. Contact us today to discuss your options and take the first step toward a clean slate.

To speak with one of the top expungement lawyers in Florida, or for a complimentary case consultation, call the Law Office of Timothy Sullivan at (727) 291-9717.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.