Can the public see expunged records in Florida?

No. The law sharply limits who can see a record a court has expunged under Section 943.0585. Police who get an order to expunge should destroy the arrest and charge notes.

What is the difference between sealed vs expunged in Florida?

Both close the record to the public. A sealed record stays on file. With an expunged record, the police who hold it should destroy or black out the arrest notes.

Can a public records request reach a sealed or expunged record?

No. The manual reports Alvarez v. Reno, 587 So. 2d 664 (Fla. 3d DCA 1991). Files that show a sealed record exists, or what it says, are not public records.

Can the records keeper tell me a sealed record exists?

No. A keeper who learns of a sealed or expunged record may not tell you it exists. That rule comes from AGO 94-49.

Does expunging a record wipe out the police case file?

No. Case notes and intel files fall outside Section 943.0585. The law reaches only the papers that set out the arrest, the formal charges, and how the case ended.

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Who Can See Sealed or Expunged Records in Florida?

Written by Adam Bair.Published June 29, 2026Updated October 20, 2026

TL;DR: Who can see a sealed or expunged record in Florida? The public cannot, and a records request will not reach it. Only police and courts, plus some employers and license boards for checks the law names, can still learn of it.

Who can see sealed records in Florida, and who can see expunged ones?

Who can see expunged records in Florida? Not you, not a reporter, and not a nosy neighbor. The law sharply limits who may see a record that a court has sealed or expunged.

The manual reports Alvarez v. Reno, 587 So. 2d 664 (Fla. 3d DCA 1991) (Goderich, J., specially concurring). That opinion says a state attorney report that shows a sealed record is not a public record. Nor is any file that shows what the sealed record says.

The law does let a few groups in. Section 943.0585(6) lets some groups learn of an expunged record for the job and license checks the law names. It also lets criminal justice agencies use the record for their own work.

Section 943.059(6) has a like rule for sealed records. So who can see sealed records in Florida is a short list, set by statute. A member of the public is not on it.

What about a background check?

A background check is where most people meet this law. Some employers and license boards run checks the law names, and those checks can turn up the record. But a stranger who asks the state for your arrest records will not get it.

Some laws also close what a state office learns in a background check for some jobs. Section 110.1127 is one such law for some state jobs. Those laws add to the rules on sealed and expunged records.

Sealed vs expunged in Florida: what is the difference?

Both close a criminal record to the public. But they do it in two ways. The difference between expungement and sealing comes down to what happens to the paper.

What does it mean to seal a record?

A court order under Section 943.059 seals the record. The office that holds it keeps the record sealed in its files. But the record leaves the public side of the counter, and the strict rule above applies.

What does it mean to expunge a record?

A court order under Section 943.0585 expunges the record. Police who get that order should destroy or black out the arrest and charge notes. That covers the arrest, any time in custody, the charges, and how the charges ended.

AGO 02-68 says so. The notes should be torn up or blacked out, not just put in a drawer. That is why a record expunged by court order goes a step past one that the court has sealed.

Can a state office seal a record on its own?

No. A state or local office cannot seal its own files to keep them from the public. In AGO 94-75, an office could not seal job discipline notes.

In AGO 15-10, an office could not seal job forms that people sent in, either. To seal a criminal record takes a court order, or a law that seals it on its own. Section 943.0595 sets up automatic sealing for some records.

Can a records request reach a sealed or expunged record?

No. A criminal history record is open to the public in most cases, under AGO 77-125.

Section 943.046 lets law enforcement agencies share criminal history facts with the public. But that rule stops at facts that are confidential and exempt.

A court order to expunge or seal moves the record to the closed side. Article I, Section 24 of the Florida Constitution gives a broad right to see public records. The laws on sealed and expunged records carve these files out of that right.

For court files, Section 119.0714(1) keeps a file open unless a court order closes it. The law treats files sealed by court order in their own way. See Tampa Television, Inc. v. Dugger, 559 So. 2d 397 (Fla. 1st DCA 1990).

Will the records keeper even confirm the record exists?

No. This part of the law shocks a lot of people. A records custodian, the person who keeps the files, may not tell anyone that a sealed or expunged record exists.

AGO 94-49 says so, based on Sections 943.0585 and 943.059. So the keeper will not say that a sealed file sits in a drawer.

That is why a reply that says no records exist can mean three things. The records may never have existed. The office may have thrown them out on its normal schedule.

Or a court order may bar the office from saying the record exists. The reply looks the same from the outside. See what to do when a Florida agency claims records do not exist.

What does not get sealed or expunged?

Police case files and intel files

To expunge a record reaches the formal arrest papers, not the whole police file. AGO 02-68 says criminal intel and criminal investigative information fall outside Section 943.0585.

AGO 00-16 says the same. The law reaches only papers on the arrest, any custody, the formal criminal charges, and the outcome. Case notes follow their own rules, such as the rule for active case files.

For how long that case file rule lasts, see when the active investigation exemption ends.

Federal records held by a Florida office

Some criminal history in a state office's hands came from the FBI. In AGO 99-01, a school district got that kind of record from the FBI. It kept its federal status, so it was not open to the public under Florida law.

Section 943.053(2) backs this up. Facts from federal crime data systems or other states may go out only as the source's own rules allow.

Juvenile and trafficking cases

Some laws add more cover in special cases. Under Section 943.0582(5), FDLE files on some youth arrests sealed or expunged under that law are confidential. FDLE is the Florida Department of Law Enforcement.

Section 943.0583 lets a victim of human trafficking seek to expunge a criminal record. Under Section 943.0583(11)(a), case facts that could name that victim are confidential.

How is this different from a record that is just exempt?

Think of three steps, from least closed to most closed. Each step gives more cover than the one before it.

A record that is just exempt or confidential stays with the office. When the office holds it back, Section 119.07(1)(e) says it must name the law it relies on. So you learn the record exists, but you do not get it.

A sealed record goes a step further. The office keeps it, but the keeper may not even say it exists.

An expunged record goes the furthest. Police should destroy or black out the arrest notes, and the keeper still may not say the record exists.

What legal answers does this page not give?

This page covers who can see these records under Florida law. It does not cover how to get a record sealed or expunged. That is a court process with its own rules, and criminal defense lawyers handle it.

For your own arrest file, see how to get a Florida police report after an arrest. Also see are arrest records public in the State of Florida?

Frequently asked questions

Who can see a sealed or expunged record in Florida?: Not the public. The law lets in criminal justice agencies for their own work. It also lets in certain employers and licensing bodies for the job or license checks the statutes name.
Can the public see expunged records in Florida?: No. The law sharply limits who can see a record a court has expunged under Section 943.0585. Police who get an order to expunge should destroy the arrest and charge notes.
What is the difference between sealed vs expunged in Florida?: Both close the record to the public. A sealed record stays on file. With an expunged record, the police who hold it should destroy or black out the arrest notes.
Can a public records request reach a sealed or expunged record?: No. The manual reports Alvarez v. Reno, 587 So. 2d 664 (Fla. 3d DCA 1991). Files that show a sealed record exists, or what it says, are not public records.
Can the records keeper tell me a sealed record exists?: No. A keeper who learns of a sealed or expunged record may not tell you it exists. That rule comes from AGO 94-49.
Does expunging a record wipe out the police case file?: No. Case notes and intel files fall outside Section 943.0585. The law reaches only the papers that set out the arrest, the formal charges, and how the case ended.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.