Sealing vs. Expunging: What Each One Actually Does
The two remedies are cousins, not twins. A sealed record is hidden from public view but still exists — certain government agencies and specified employers (for example, positions of trust involving children, the elderly, or disabled persons) can still access it. An expunged record goes further: the court and local agencies destroy their copies, with a confidential stub retained at the Florida Department of Law Enforcement (FDLE). For most private-employer background checks, either remedy means the case stops showing up — which is the outcome that changes lives.
Who Generally Qualifies
Eligibility is where most self-filed attempts die, so it is worth being precise. In general terms under Florida law:
- Expungement is generally reserved for cases that were dismissed, dropped, never filed, or ended in acquittal.
- Sealing is generally available where adjudication was withheld — the "withhold of adjudication" outcome many Broward cases resolve with — for non-disqualified offenses.
- Certain offenses are disqualified by statute from sealing even with a withhold, and a prior conviction (adjudication of guilt) on your record generally defeats eligibility.
- Florida typically allows one lifetime seal or expunge — which makes choosing the right case, and the right remedy, a strategic decision rather than a form-filling exercise.
- A record sealed for 10 years may later become eligible for expunction, subject to the statute's requirements.
If you are not sure which category your old case falls into, that is normal — dispositions from years ago are often murkier than people remember, and the certified paperwork controls. Pulling and reading that disposition is the first thing we do.
The Broward County Process, Step by Step
- Obtain the certified disposition of your case from the Broward Clerk of Courts — the document that proves how the case ended.
- Apply to FDLE for a Certificate of Eligibility, with fingerprints, the certified disposition, and the processing fee. For expungements, the application must first be certified by the office that prosecuted the case — in Broward, the State Attorney's Office.
- Wait out FDLE review — the certificate alone usually takes 3–6 months, and errors in the application restart the clock.
- File the petition in the 17th Judicial Circuit — Broward's circuit, headquartered at the Central Courthouse at 201 SE 6th Street in Fort Lauderdale — with the certificate, supporting affidavit, and proposed order.
- Address any objection or hearing. The State can object, and the court retains discretion; when a judge wants to hear argument, having counsel who regularly appears in Broward courtrooms matters.
- Confirm compliance. After an order is granted, the clerk, arresting agency, and FDLE each have obligations — we verify the record actually comes down rather than assuming it did.
Why Petitions Stumble — and Why Counsel Changes the Odds
Nothing about this process is impossible; all of it is unforgiving. Applications bounce for fingerprint card defects, missing certifications, and wrong disposition documents. Petitions stall because the certificate expired before filing or the proposed order does not match local requirements. And the one-lifetime rule means a botched strategic choice — sealing the wrong case, or expunging a minor matter when a more damaging one might have qualified — cannot be undone. As a former public defender, David Hoffman has watched records derail lives from both sides of the courtroom; the point of hiring counsel here is not courtroom drama, it is getting one shot right.
What Changes Once Your Record Is Sealed or Expunged
Most private employers run standard background checks that will not show a sealed or expunged case, and in many circumstances Florida law permits you to lawfully deny the arrest — with specific exceptions (certain government, licensing, and positions-of-trust contexts still see sealed records, and the FDLE stub persists after expunction). Housing applications, many professional opportunities, and simple peace of mind tend to follow. What sealing and expungement do not do is erase memories, news articles, or private databases that scraped the record earlier — another reason to act sooner rather than later.
How Hoffman Legal Handles Broward Expungements
Eligibility First
We pull the certified disposition and your record before filing anything — a free consultation tells you honestly whether the one lifetime remedy is available and which case to use it on.
Paperwork Done Once
Fingerprints, FDLE application, State Attorney certification, petition, affidavit, proposed order — prepared correctly the first time, because errors cost months.
Court Representation
If the State objects or the judge sets a hearing at the Central Courthouse, you have an advocate who appears in the 17th Circuit regularly.
Follow-Through
We confirm the order is honored by the clerk, the arresting agency, and FDLE — the record is only cleared when it is actually gone.
Expungement pairs naturally with our other post-case work — see early termination of probation if you are still on supervision, and the statewide overview on our expunge & seal records page. Attorney David Hoffman handles every matter personally.
Broward Expungement FAQ
My Broward case ended with a withhold of adjudication. Can it be expunged?
Generally a withhold points toward sealing rather than immediate expungement, if the offense is not statutorily disqualified and you are otherwise eligible. A record sealed for 10 years may later qualify for expunction under the statute. The certified disposition controls, so we confirm exactly what your case outcome was before advising.
How long does a Broward County expungement take?
Plan on the better part of a year end to end: the FDLE Certificate of Eligibility alone usually takes 3–6 months, followed by petition, possible State response, and the court's order — then agency compliance. Clean paperwork is the biggest schedule variable, which is a large part of what you hire counsel for.
Will employers still see my sealed Broward record?
Most private employers running standard background checks will not. Certain government agencies, licensing bodies, and employers for positions of trust with children, the elderly, or disabled persons can still access sealed records, and expunged records leave a confidential stub at FDLE. We walk through your specific situation — especially if you work in a licensed field.
What happens if the State Attorney objects to my petition?
An objection is not the end — it typically means the court will look harder and may set a hearing at the Broward Central Courthouse. The judge retains discretion even when you hold a valid Certificate of Eligibility, so preparation and advocacy at that hearing matter. This is where self-filed petitions most often falter.
I have arrests in Broward and Miami-Dade. Can I clear both?
Florida's one-lifetime-remedy rule generally means one seal or expunge, filed in the county where that charge arose — so with records in two counties, choosing which one to clear is a genuine strategic decision. See our Miami-Dade expungement page, and let us review both records before you spend the remedy.
Related Services & Areas
Reviewed by attorney David Hoffman, Hoffman Legal, Dania Beach, Florida. Last reviewed: July 2026.
One Lifetime Remedy. Spend It Wisely.
Find out — for free — whether your Broward County record can be sealed or expunged and which path protects you most. David Hoffman reviews eligibility personally and tells you the honest answer, even when it is "not yet."
The information on this page is provided for general informational purposes only and does not constitute legal advice. Eligibility for sealing or expungement depends on your record, the certified disposition, and applicable law. Reading this page or contacting the firm does not by itself create an attorney-client relationship.