When a record is sealed, it is hidden from public view but still exists within the court system and certain government databases. When a record is expunged, it is physically destroyed by most agencies, and only a limited copy is retained under restricted access. Both options allow you to legally deny the existence of the record in most circumstances.
Eligibility depends on several factors, including the outcome of your case and your prior criminal history. You may be eligible if you were never convicted of a crime and your case resulted in a dismissal, dropped charges, acquittal, or a withhold of adjudication for a qualifying offense. However, Florida law prohibits the sealing or expungement of certain crimes such as sexual offenses, violent felonies, and crimes involving minors. You also generally cannot have more than one eligible offense sealed or expunged in your lifetime.
Crimes such as sexual battery, child abuse, homicide, arson, kidnapping, and offenses involving the use of a firearm or domestic violence are among those that are not eligible for sealing or expungement. If you were adjudicated guilty or pled to a disqualifying offense, you may not qualify. Each case must be reviewed individually to determine eligibility.
The sealing or expungement process in Florida can take anywhere from four to eight months on average, depending on how quickly the Florida Department of Law Enforcement and the court system process the application. At The Ishak Law Firm, we ensure that all paperwork is submitted correctly and timely to avoid unnecessary delays.
In most situations, yes. Once your record is sealed or expunged, you can lawfully deny the arrest or charge in job applications, housing forms, and most interviews. However, there are exceptions, such as when applying for a professional license, seeking employment with a criminal justice agency, or applying to the military.
While the law does not require you to hire an attorney, the process involves strict eligibility rules, detailed paperwork, and legal procedures. An experienced attorney can help you avoid mistakes, determine the best approach, and improve your chances of success. At The Ishak Law Firm, we handle every step for you and keep you informed throughout the process.