Criminal charges can cast a shadow over your future, affecting your employment opportunities, housing options, educational prospects, and even your reputation. However, under Florida law, many individuals may be eligible for relief through the sealing of their criminal record or expungement of their record. At Doran Foxman Sims Wolfe & Yoon, our Daytona Beach criminal defense attorney helps clients understand their rights and navigate the complex process of clearing their records through Florida’s official legal processes.
The Difference Between Sealed and Expunged
Many people ask, “What is the difference between sealing and expunging a criminal record in Florida?” While both processes limit access to your criminal history, they are distinct from each other.
- Sealing: When your record is sealed, it becomes confidential and is not accessible to the general public. Certain government agencies may still view it under limited circumstances.
- Expungement: When your record is expunged, it is physically destroyed (except for one copy kept by the Florida Department of Law Enforcement). It is no longer available to the public or most government agencies.
Understanding the difference between sealed and expunged records is crucial when deciding which type of relief to pursue. Our Daytona Beach criminal defense attorney can review your case and explain which one applies to your situation.
Eligibility Criteria
Strict eligibility requirements accompany the Florida Department of Law Enforcement’s seal and expunge process.
You may qualify if:
- You were arrested but not convicted
- Charges were dropped, dismissed, or you were found not guilty
- There are no prior convictions on your criminal record
- You have not previously sealed or expunged another record
Offenses That Cannot Be Sealed or Expunged in Florida
Florida law explicitly prohibits relief for certain serious offenses, even if the case did not result in a conviction.
These include:
- Sexual battery
- Homicide or manslaughter
- Kidnapping
- Human trafficking
- Domestic violence (in most cases)
- Child abuse or exploitation
- Aggravated assault or battery
- Robbery or burglary of a dwelling
The Florida Statutes, Sections 943.0585 and Florida Statutes, Sections 943.059, provide the full list of disqualifying offenses. If your charge falls under one of these categories, it may not be eligible for relief, but it is still wise to consult a qualified attorney to explore your options.
Juvenile Record Expungement in Florida
Florida offers special provisions for juveniles seeking to clear their records.
The juvenile expungement process may be available for minors who:
- Completed a diversion program
- Were not charged with a disqualifying offense
- Have no subsequent criminal history
The Department of Juvenile Justice (DJJ) and the Florida Department of Law Enforcement (FDLE) may allow the automatic expungement of certain juvenile records after a specified period. However, not all juvenile records are eligible, and the process still requires proper documentation. Contact our criminal defense attorney to answer your questions and discuss your case.
How to Seal a Criminal Record in Florida
The process to seal a criminal record in Florida involves multiple steps:
- Obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE)
- Submit a petition to the court in the county where the charge occurred
- Attend a hearing (if required)
- Await the judge’s ruling on the petition
Once sealed, your record becomes confidential and will not appear in background checks conducted by private employers or landlords.
How to Expunge a Criminal Record in Florida
The steps to expunge your criminal record are similar but may involve more restrictions:
- Apply for a Certificate of Eligibility to Expunge from FDLE
- File a petition with the court
- Provide required documentation and fingerprint cards
- Attend a court hearing (if necessary)
- If granted, the court will order the record to be expunged
Expungement is typically available when an arrest did not lead to formal charges, or those charges were later dismissed.
Benefits of Sealing or Expunging Your Record
There are significant benefits to pursuing Florida seal and expunge options:
- Employers, landlords, and schools will not see the record on background checks
- You can legally deny the existence of the arrest or charge in most circumstances
- Restores opportunities for professional licenses, loans, and more
- Offers peace of mind and a fresh start
A skilled lawyer to expunge or seal criminal records can help maximize these benefits by ensuring no mistakes delay or derail your petition.
Why Hire Doran Foxman Sims Wolfe & Yoon?
Attorney Matthew Foxman helps clients avoid delays and errors by:
- Confirming eligibility under Florida law
- Preparing all required documentation with experience and precision
- Communicating with the court and FDLE
- Representing you in hearings if needed
As an established criminal defense law firm, we have helped clients across Daytona Beach, Volusia County, and Flagler County achieve a clean record. Attorney Matthew Foxman is a former Florida Circuit Judge and prosecutor with a deep understanding of the process.
Common Questions About Record Sealing and Expungement
Can I seal or expunge multiple charges?
Usually, only one criminal record can be sealed or expunged in a lifetime under Florida law, with few exceptions.
Can a felony be sealed or expunged?
Some felony charges may be eligible, depending on the outcome of the case and the type of offense. However, certain felonies are excluded by statute.
Can I seal a record if I plead guilty?
If your case resulted in a withhold of adjudication, you may still be eligible for sealing but not expungement.
Who can see a sealed or expunged record?
A sealed record may still be accessible to certain government agencies. An expunged record is even more restricted, though FDLE retains a confidential copy.
Start Fresh with Help from a Daytona Beach Criminal Defense Attorney
If you are ready to leave your past behind, Attorney Matthew Foxman is here to help you pursue the sealing or expungement of your record. The process can be complex, but with the right legal partner, it is possible to achieve a clean slate. Attorney Foxman offers personalized consultations, clear guidance, and step-by-step support. From filing paperwork to arguing your case in court, he is with you every step of the way.
Contact Doran Foxman Sims Wolfe & Yoon today to learn more about the Florida seal and expungement process. Schedule your consultation with a dedicated criminal lawyer by calling (386) 253-1111 or completing our online form. Your past should not define your future—call now and take the first step toward clearing your name.