Legally Reviewed by Attorney Simon Wiseman on September 23, 2026
Expungement and sealing both limit public access to a criminal record, but they are not the same remedy, and Florida law treats them differently. Understanding which one applies to your case, and why, is the first step toward deciding how to move forward.
Being charged with a crime does not only mean facing legal penalties. If a case results in a conviction, that information becomes public and can affect your life for years, showing up in background checks that make it harder to get a job or rent an apartment. The Wiseman Law Firm helps clients throughout Florida understand whether expungement or sealing fits their situation, and how to pursue the option that applies.
Expungement Versus Sealing: Understanding the Difference
After a criminal case concludes, the only way to prevent the record from remaining fully public is to have it expunged or sealed, depending on how the case was resolved. If you are unsure which option applies to you, a criminal defense attorney can review the disposition of your case and explain your options.
Expungement
With expungement, the arresting agency’s, prosecutor’s, and probation officer’s files are physically destroyed. The Florida Department of Law Enforcement keeps a copy, but the information is not available to the public.
To qualify for expungement, you generally must have no prior convictions, and the charges against you must have been dismissed. Dismissal means the prosecutor dropped the case and the judge granted a motion to dismiss, or it can also occur if you were acquitted at trial. A case may also become eligible for expungement if it was previously sealed for a decade or longer. A Florida criminal defense attorney can help confirm whether you qualify.
Sealing
Sealing a criminal case means all agency files are sealed rather than destroyed. To have a case sealed, you typically must have pled guilty or no contest, or been found guilty at trial, with adjudication withheld in each scenario. Certain offenses do not qualify for sealing regardless of adjudication, and an experienced Florida attorney can help determine whether your case is eligible.
When a case is sealed or expunged, it can open the door to a second chance to find employment, protect your reputation, and move forward. To learn more about whether either option applies to your case, contact a Florida criminal defense attorney directly.
Why the Distinction Matters
The practical difference between the two remedies comes down to what happens to the underlying record and who can still access it. An expunged record is physically destroyed at the agency level and requires a court order for government agencies to view it later. A sealed record still exists but is not visible to the general public, while most government agencies retain access. Choosing which petition to file, and confirming eligibility before filing, matters because filing the wrong petition, or filing while a prior petition is pending, can result in a denial.
For a full breakdown of the eight specific categories Florida recognizes, including administrative, juvenile, human trafficking, and lawful self-defense expungements, see our guide to the types of expungement in Florida.
Learn More About Having Your Case Expunged or Sealed
Understanding whether you qualify to have your criminal record expunged or sealed requires knowledgeable guidance to know what options are actually available to you. At The Wiseman Law Firm, our seasoned Florida expungement and sealing attorney can offer the support and defense strategy you need as you work to move forward without the shadow of a criminal record.
Contact us today by filling out our contact form. We will protect your rights and work to help you explore your expungement or sealing options.
Frequently Asked Questions About Expungement and Sealing
Which is better, sealing or expungement?
Neither option is universally better, since eligibility depends on how your case was resolved. Expungement generally offers stronger protection because the underlying files are destroyed, but it is only available when charges were dismissed or the person was acquitted.
Can I apply for both sealing and expungement on the same case?
No. Each case is evaluated for one remedy based on how it was resolved, and you cannot pursue both at the same time or have a pending petition for one while applying for the other.
Does a sealed record show up on a background check?
A properly sealed record generally does not appear on a standard background check run by a private employer or landlord, though certain government agencies and licensing boards retain access under specific statutory exceptions.
What does adjudication withheld mean for sealing eligibility?
Adjudication withheld means the court did not formally enter a conviction even though you pled guilty, no contest, or were found guilty. This status is typically a requirement for sealing eligibility, though certain offenses remain ineligible regardless of adjudication.
How do I find out which option applies to my case?
The disposition of your case, whether it was dismissed, resulted in an acquittal, or ended with a withheld adjudication, determines which remedy applies. An attorney can review your court records and confirm your eligibility before you file a petition.
About the Attorney
Founding Attorney, The Wiseman Law Firm
Simon Wiseman brings more than 23 years of criminal defense experience to Central Florida, including as a former state prosecutor who handled nearly 40 jury trials in Orange County. He guides clients through expungement and sealing petitions with the same insider knowledge he built on the other side of the courtroom.