Category: Post-Case · Statute: F.S. 943.059 / 943.0585 · Source: Florida Legislature
Understanding Sealed vs. Expunged Records in Florida
In Florida, sealing and expunging are two distinct legal processes used to clear a criminal history record, governed primarily by Florida Statutes Section 943.059. When a record is sealed, it is highly restricted and hidden from the general public, including private employers and landlords conducting routine background checks. However, the physical and electronic records still exist and remain accessible to law enforcement, the courts, and specific government agencies. Expungement, governed by Section 943.0585, offers a higher level of protection because the physical record is ordered to be destroyed by the Florida Department of Law Enforcement (FDLE), leaving only a confidential master file index that can only be accessed by court order.
The eligibility for these processes depends heavily on the outcome of the case. Generally, to qualify for an expungement, the criminal charges must have been dismissed, dropped, or resolved with a "no action" by the state attorney. Sealing is typically available if the case resulted in a withhold of adjudication after a plea or trial, meaning the person was not formally convicted. Certain serious offenses, such as sexual crimes, domestic violence, and drug trafficking, are statutorily ineligible for either sealing or expungement under Florida law, regardless of the disposition.
Impact on Bail and Pretrial Release
A sealed or expunged record can significantly impact future bail determinations if a person is arrested again. While the public cannot see these records, Florida law explicitly permits judges and prosecutors to access sealed and expunged files during pretrial release hearings. A judge conducting a first appearance inquiry will review the defendant's entire history, including sealed or expunged cases, to evaluate their prior conduct, assess potential flight risk, and determine the appropriate bail amount or non-monetary release conditions.