Criminal.law · Guides
Sealing a Criminal Record: What It Means and How It Differs From Expungement
What sealing a criminal record means, how it differs from expungement, and how Florida, Nevada and Illinois handle sealing requests, orders and agency notice.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished General legal information, not legal advice · Editorial standards
Key takeaways
- In Florida, a sealing order has the clerk keep the covered records in a nonpublic index, subject to further order of the court. [6]
- Florida handles sealing and expungement under separate statutes, and each requires its own sworn statement of eligibility. [4]
- A Florida court may deny a request to seal or expunge at its sole discretion. [5]
- In Nevada, a qualifying dismissal leads the justice or municipal court to order records sealed without a hearing unless the district attorney objects. [7]
- Illinois has approved statewide forms for requests to expunge and/or seal criminal records, and all Illinois courts must accept them. [1]
| Feature | Florida | Nevada | Illinois |
|---|---|---|---|
| How relief begins | Written petition filed with the clerk | Court orders sealing after a qualifying dismissal | Statewide request form to expunge and/or seal [4][7][8] |
| Separate tracks for sealing and expungement | Separate statutes and separate sworn statements | Sources here cover sealing only | Separate add-on forms for expungement and for sealing [4][8] |
| Prosecutor's role | May respond to the petition | District attorney may ask, for good cause, that records not be sealed | Not covered by the sources here [5][7] |
| Who notifies other agencies | Clerk sends certified copies of the order | Defendant sends copies; agencies confirm compliance in writing | A certificate-of-service form exists for circuit clerk use [5][7][8] |
| Can the request be refused? | Court has sole discretion to deny | A hearing is held if the district attorney objects | Statewide form for an order denying the request [5][7][8] |
What is the difference between sealing and expunging a criminal record?
Sealing a record means a court orders case records closed off from the public file instead of left open. In Florida, for example, the court clerk seals the covered records and keeps them in a nonpublic index, subject to further court order. Expungement is a related but separate remedy, and Florida handles it under a different statute. These rules differ from state to state. This page uses Florida, Nevada and Illinois as examples. [6][4]
What does it mean to seal a criminal record?
Sealing means a court orders a case's records closed off from the public file instead of left open. Under Florida's court rule, when the clerk receives a sealing order, the clerk seals the covered entries and records with the court file. The clerk then keeps them in a nonpublic index, subject to further order of the court. [6]
Florida's rule also has the clerk remove the covered entries from the court's other official records. If removing them is not practical, the clerk makes certified copies and then expunges the original entries by appropriate means. The rule applies these clerk duties to orders that seal and to orders that expunge. [6]
A sealing order can cover more than the court's own file. In Nevada, after a qualifying dismissal, the court orders sealed the documents, papers and exhibits, the minute book and docket entries, and related documents held by the agencies and officers named in the order. [7]
Whose rules does this page describe?
Record relief comes mostly from state law, and the names and procedures differ. This page draws on Florida's court rule on petitions to seal or expunge, two Nevada statutes, and Illinois's approved statewide forms. It does not survey federal court or other states. [4][7][1]
How is sealing different from expungement?
Sealing and expungement are related but separate forms of record relief, and Florida keeps them apart. Florida's court rule sends a request for expungement through one statute and a request for sealing through a different statute. Each request is made by written petition filed with the clerk. [4]
Each Florida petition comes with its own sworn statement. A person seeking expunction swears to being eligible for an expunction. A person seeking sealing swears to being eligible for a sealing. Each statement is made to the best of the petitioner's knowledge. [4]
Illinois also treats the two as distinct while using one combined request. Its approved statewide forms include a single request to expunge and/or seal criminal records. They also include separate add-on forms listing additional arrests or cases for expungement and for sealing. [8]
The sources here do not spell out how the legal effect of sealing differs from that of expungement. For example, they do not say who may still see each kind of record. Florida's rule gives the clerk the same duties for an order sealing and an order expunging records. [6]
How does a Florida petition to seal or expunge move through court?
In Florida, the petition comes with a certificate of eligibility from the Florida Department of Law Enforcement and a sworn statement. The petition, sworn statement and certificate are served on the prosecuting attorney and the arresting authority. [4]
The prosecuting attorney and the arresting agency may respond to the petition. The court may receive evidence on any factual issue it has to decide in order to rule. [5]
If the court grants the petition, it enters a written order naming the records and the agencies or departments the order is directed to. The court may deny a request at its sole discretion. It may not order a criminal justice agency to seal or expunge a record until the petitioner has received a certificate of eligibility. [5]
Can records be sealed without the person asking?
In some situations in Nevada, yes. When a defendant is discharged and the charging document is dismissed under a specific Nevada provision, the justice or municipal court orders the records sealed. It does so without a hearing unless the district attorney petitions, for good cause shown, not to seal them and asks for a hearing. [7]
After an acquittal, meaning a judgment of not guilty, a Nevada court gives the defendant written notice of the state's provisions on sealing records of the proceedings that led to the acquittal. The notice requirement is set out in the sources here. The details of that separate sealing statute are not. [2]
Does a sealing order reach agencies outside the court?
Yes, in the examples here, though the jurisdictions assign the job of notifying agencies differently. In Florida, the clerk furnishes certified copies of the order to each agency or department it names, other than the court. The clerk also sends copies to the prosecutor and the arresting agency. [5]
In Nevada, the job falls to the defendant. When a justice or municipal court orders a record sealed, the defendant sends a copy of the order to each agency or officer named in it. Each of them then notifies the court in writing that it has complied. [7]
What does Illinois provide for expungement and sealing requests?
Illinois has approved statewide forms for expungement and sealing, and all Illinois courts must accept them. The adult set includes a request to expunge and/or seal criminal records, along with orders granting or denying that request. [1][8]
Illinois also has separate form sets for other kinds of record relief. One covers motions to vacate and expunge eligible cannabis convictions. Another covers requests to expunge juvenile records. [8][3]
Is a sealed verdict the same thing as a sealed record?
No. In Florida, a sealed verdict is a trial procedure, not record relief. With the consent of both sides, jurors who agree during a temporary adjournment sign the verdict, and it is sealed in an envelope. When the jury reassembles in open court, the envelope is opened, and the verdict is received the same way as an unsealed verdict. [9]
Can a court turn down a request to seal or expunge?
Yes, in the examples here. Florida's rule says a request to expunge or seal may be denied at the sole discretion of the court. Illinois's approved statewide forms include an order denying a request to expunge and/or seal criminal records. [5][8]
Can more than one Florida petition to seal or expunge be pending at once?
Florida's rule addresses this in the sworn statement. A petitioner seeking expunction swears that no other petition to seal or expunge a criminal history record is pending before any court. A petitioner seeking sealing makes a similar statement about the court where the petition is filed. [4][5]
Who pays for the certified copies in a Florida sealing or expungement case?
Under Florida's rule, the petitioner bears the costs of certified copies. The exception is a petitioner who is indigent, meaning one the court treats as unable to afford those costs. [6]
What happens to the court file when several people were charged in the same Florida case?
In a multi-defendant case, Florida's rule has the clerk make a certified copy of the court file's contents, and that copy is sealed. The clerk then expunges all references to the petitioner from the original court file. The records of the other defendants stay in the original file. [6]