Differences Between Sealing and Expungement
November 14, 2025
A criminal record in Florida can create serious obstacles for your future. Even if you were never convicted, an arrest record may still appear in background checks, impacting your ability to find work, secure housing, or obtain professional licenses. The good news is that Florida law provides two options that can help individuals move forward: sealing and expungement.
At Donet, McMillan & Trontz, P.A., our Miami criminal defense attorneys often receive questions about the differences between sealing and expungement. Although these terms are sometimes used interchangeably, they are not the same.
Understanding how they differ—and whether you qualify—can be the key to clearing your record and protecting your future.
What Does Sealing Mean?
When a record is sealed, it is hidden from public view. This means:
- Employers, landlords, and most private entities will not see the record.
- Certain government agencies (such as law enforcement or licensing boards) can still access it under specific circumstances.
- The record still exists, but it is restricted.
Sealing is commonly available when an individual receives a withhold of adjudication, provided the offense is eligible under Florida law.
What Does Expungement Mean?
Expungement goes further than sealing. When a record is expunged:
- It is physically destroyed by record custodians.
- Only one confidential copy is retained by the Florida Department of Law Enforcement (FDLE).
- That copy can only be accessed with a court order.
Expungement offers the closest thing to a "clean slate" because the record is no longer available to the public and some government agencies.
Key Differences Between Sealing and Expungement
While both options restrict access to criminal records, there are critical distinctions:
In short, sealing hides the record, while expungement removes it almost entirely.
Who Qualifies for Sealing or Expungement?
Eligibility depends on strict criteria under Florida law. In general:
- You cannot have been convicted of a crime.
- The offense must not be one of the disqualifying crimes (such as sex crimes, violent felonies, or crimes involving minors).
- You cannot have previously sealed or expunged another record in Florida.
- The case must have been dismissed, dropped to be eligible for expungement. Sealing may be appropriate if a case resulted in a withhold of adjudication. The charge itself will determine whether or not a person is eligible to seal a record.
Because the rules are complex, speaking with an experienced defense attorney can help you determine if you qualify.
Why Legal Guidance Matters
Navigating the application and petition process for sealing or expungement is not simple. The paperwork must be filed properly, deadlines must be met, and eligibility must be carefully reviewed. Mistakes can lead to delays or denials.
The attorneys at Donet, McMillan & Trontz, P.A. bring more than 50 years of combined experience in criminal defense. We assist clients in:
- Evaluate eligibility for sealing or expungement.
- File applications with the FDLE.
- Prepare petitions and represent clients in hearings.
- Maximize the chances of success so that clients can move forward without unnecessary obstacles.
Our goal is to ensure your past does not unfairly dictate your future.
Take the First Step Toward a Fresh Start
Understanding the differences between sealing and expungement is the first step in taking control of your future. Both options can offer powerful relief, but choosing the right path—and navigating the legal process—requires experienced guidance.
At Donet, McMillan & Trontz, P.A., we know how important your reputation and opportunities are. Call us today at
(305) 444-0030 or contact us online to schedule a confidential consultation with one of our Miami criminal defense lawyers. Let us help you clear your record and move forward with confidence.
