What is the difference between expungement and sealing in Florida?

Expungement removes the record as though it never happened, while sealing restricts public access but leaves the record visible to law enforcement and certain regulated employers. Eligibility for each depends on whether you were convicted, the type of charge, and how much time has passed since disposition.

How long does the expungement or sealing process take in Orlando?

The process typically takes three to six months from petition filing to final order, depending on court schedules in Orange County, Osceola County, or Seminole County and whether the state attorney objects. Cases with objections or hearing requirements take longer than uncontested petitions.

Who can still see my record after it is sealed or expunged?

Law enforcement agencies, certain government employers, and positions requiring security clearances or work with vulnerable populations may still access sealed or expunged records. Private employers and landlords conducting standard background checks will not see the case.

What offenses are not eligible for expungement or sealing in Florida?

Certain serious offenses, including sexual battery, child abuse, and other crimes listed in Florida Statute 943.0585, are permanently ineligible for record relief regardless of time passed or conviction status. Eligibility review identifies whether your specific charge qualifies.

Can I apply for expungement if I was convicted of the charge?

Convictions generally do not qualify for expungement in Florida, but certain withheld adjudications and dismissed charges may qualify for sealing depending on the offense and your overall criminal history. Eligibility rules differ significantly between sealed and expunged outcomes.

Record Expungement & Sealing

A criminal record visible to employers, landlords, and licensing boards limits access to jobs, housing, and professional opportunities even years after a case concludes. Marquez Law handles expungement and record sealing petitions for clients in Orlando and surrounding jurisdictions who meet Florida's statutory eligibility requirements under Statute 943.0585 and 943.059. Eligibility depends on offense type, conviction status, and how much time has passed since case disposition, with different timelines applying to sealed versus expunged outcomes.

The process begins with an eligibility review that examines your criminal history against Florida's statutory requirements, identifies qualifying charges, and determines whether expungement or sealing applies to your situation. Once eligibility is confirmed, a petition is drafted, the state attorney receives formal notice, and the petition is filed with the court that handled the original charge.

Schedule an eligibility review to determine whether your criminal record qualifies for sealing or expungement under current Florida law.

Sealed records remain in existence but are restricted from public view, meaning most employers, landlords, and educational institutions cannot access them during background checks. Expunged records are treated as though they never occurred, with the case effectively removed from public databases. Both outcomes restrict access, but law enforcement, certain government agencies, and specific regulated employers retain limited access depending on the job or license involved.

After a record is sealed or expunged, you are legally permitted to deny or fail to acknowledge arrests, criminal history, or court records covered by the order in most employment and housing applications. Background checks conducted by private employers typically return no results for sealed or expunged cases, removing barriers that previously limited opportunity.

The petition process includes drafting the required forms, notifying the state attorney's office, coordinating with the Florida Department of Law Enforcement, and representing you at a hearing if the court schedules one. Some petitions are granted administratively without a hearing, while others require appearance and argument depending on the judge, the offense, and any objections raised by the state attorney.

What is the difference between expungement and sealing in Florida?
Expungement removes the record as though it never happened, while sealing restricts public access but leaves the record visible to law enforcement and certain regulated employers. Eligibility for each depends on whether you were convicted, the type of charge, and how much time has passed since disposition.
How long does the expungement or sealing process take in Orlando?
The process typically takes three to six months from petition filing to final order, depending on court schedules in Orange County, Osceola County, or Seminole County and whether the state attorney objects. Cases with objections or hearing requirements take longer than uncontested petitions.
Who can still see my record after it is sealed or expunged?
Law enforcement agencies, certain government employers, and positions requiring security clearances or work with vulnerable populations may still access sealed or expunged records. Private employers and landlords conducting standard background checks will not see the case.
What offenses are not eligible for expungement or sealing in Florida?
Certain serious offenses, including sexual battery, child abuse, and other crimes listed in Florida Statute 943.0585, are permanently ineligible for record relief regardless of time passed or conviction status. Eligibility review identifies whether your specific charge qualifies.
Can I apply for expungement if I was convicted of the charge?
Convictions generally do not qualify for expungement in Florida, but certain withheld adjudications and dismissed charges may qualify for sealing depending on the offense and your overall criminal history. Eligibility rules differ significantly between sealed and expunged outcomes.

Criminal Records That Block Opportunity