Sealing Criminal Records in Florida
Florida law provides for two forms of sealing of criminal records:
Automatic Sealing, Court Ordered Sealing, and Court Ordered Expungement
Automatic Sealing, Court Ordered Sealing, and Court Ordered Expungement are functionally similar in that they each result in the removal of the arrest history from a criminal background check and allow for a qualified right to deny the underlying criminal arrest history. However, they differ in their eligibility requirements and the extent to which the underlying criminal history is completely removed.
Whether to pursue a sealing or an expungement depends on how the underlying criminal case was resolved. If the case was dismissed outright, either Automatic Sealing or expungement should be pursued. If the case resulted in a withhold of adjudication and some form of punishment (i.e. a fine, court costs, probation, or jail), Court Ordered Sealing should be pursued.
The primary difference between Automatic Sealing, Court Ordered Sealing, and Court Ordered Expungement is that Automatic Sealing only results in the sealing of non-judicial court records held by law enforcement and the court file remains public. Court Ordered Sealing results in the sealing of both the non judicial records held by law enforcement and the judicial records held by the court. And Court Ordered Expungement results in the destruction of the non-judicial records and the sealing of the judicial records.
Automatic Sealing
Florida Statute 943.0595 provides for the automatic sealing of most nonjudicial criminal arrest records that were completely dismissed.
However, a person is ineligible for Automatic Sealing if their case resulted in the formal filing of either forcible felony or a felony sex crime, regardless of whether the case was ultimately dismissed. In this situation, the person would only be eligible for Court Ordered Expungement.
Benefits of Automatic Sealing
When a criminal case is Automatically Sealed, all electronic and physical non-judicial records possessed by law enforcement are sealed and made non-public and can only be disclosed under limited circumstances. However, the judicial records held by the court remain publicly available.
Most importantly, once a case is sealed, a criminal background check will no longer reveal the criminal arrest history for the case and the person has a right to deny the existence of the criminal history under Florida law.
Court Ordered Sealing
Florida Statute 943.059 provides for Court Ordered Sealing when a case resulted in a withhold of adjudication on any offense that is not ineligible for Court Ordered Sealing.
Benefits of Court Ordered Sealing
When Court Ordered Sealing is granted, all electronic and physical records possessed by both the court and law enforcement are sealed and made non-public. These records are confidential under Florida law and can only be disclosed under limited circumstances.
Most importantly, once a case is sealed, a criminal background check will no longer reveal the criminal history from the case and the person has the lawful right to deny the existence of the criminal history under Florida law.
Court Ordered Sealing Eligibility
A person is eligible for Court Ordered Sealing if they:
- Have not previously obtained a court ordered sealing or expungement in Florida.
- Have never been adjudicated guilty of any criminal offense in Florida.
- Are not currently under supervision, such as probation, house arrest, or pretrial release.
- Did not enter a plea of guilty or nolo contendere (No Contest) to an ineligible offense.
Ineligible Offenses
A person is ineligible for Court Ordered Sealing if they pled guilty or nolo contendere (no contest) to any of the following crimes, regardless of whether adjudication was withheld.
- Aircraft piracy - Section 860.16, Florida Statutes
- Arson - Section 806.01, Florida Statutes
- Assault (Aggravated) - Section 784.021, Florida Statutes
- Battery (Aggravated) - Section 784.045, Florida Statutes
- Battery (Sexual) - Chapter 794, Florida Statutes
- Burglary of a dwelling - Section 810.02, Florida Statutes
- Carjacking - Section 812.133, Florida Statutes
- Child (Abuse or Aggravated) - Chapter 827, Florida Statutes
- Child (Sex with 12 to 18 by familial member) - Section 827.071, Florida Statutes
- Child (Sexual performance Of) - Section 827.071, Florida Statutes
- Communications Fraud Act Violations - Section 817.034, Florida Statutes
- Domestic Violence (Resulting in Injury) - Section 741.28, Florida Statutes
- Drug Trafficking - Section 893.135, Florida Statutes
- Elderly (Abuse or Aggravated) - Section , Florida Statutes
- Explosives, illegal use of - Section 790.001, Florida Statutes
- Homicide - Chapter 782, Florida Statutes
- Kidnapping - Chapter 787, Florida Statutes
- Lewd or lascivious Acts on Children - Section 800.04, Florida Statutes
- Lewd or lascivious Acts on the Elderly - Section 825.1025, Florida Statutes
- Manslaughter - Section 782.07, Florida Statutes
- Obscenity (Providing to Minors) - Section 847.0133, Florida Statutes
- Obscenity (Computer Pornography) - Section 847.0135, Florida Statutes
- Obscenity (Selling or Buying Minors) - Section 847.0145, Florida Statutes
- Prostitution (Procuring under 18) - Section 796.03, Florida Statutes
- Public Officer or Public Employee Offenses - Chapter 839, Florida Statutes
- Robbery - Section 812.13, Florida Statutes
- Robbery (Home Invasion) - Section 812.135, Florida Statutes
- Stalking and Aggravated stalking - Section 784.048, Florida Statutes
- Sexual Misconduct - Section 393.135, Florida Statutes
- Sexual Misconduct (DCF) - Section 394.4593, Florida Statutes
- Sexual Misconduct (Corrections) - Section 916.1075, Florida Statutes
- Terrorism - Section 775.30, Florida Statutes
- Voyeurism - Section 810.14, Florida Statutes
Right to Deny
A person who's case was sealed has the qualified right to deny the historical fact of a person's criminal history, such as the arrest or prosecution, subject to the law of the jurisdiction where a person is being asked to disclose their criminal history.
Florida Law
Under Florida law, a person can lawfully deny the existence of sealed criminal history records except as provided in section 943.0585(6).
Generally, these exceptions require the disclosure of sealed criminal history records when the person is:
- A candidate for employment with a criminal justice agency.
- A defendant in a criminal prosecution.
- Petitioning to have another criminal case sealed or expunged.
- A candidate for admission to The Florida Bar.
- Applying for a concealed weapons license in the State of Florida.
- Seeking to be employed by, licensed by, or contracted with the:
- Department of Children and Family Services,
- Agency for Health Care Administration,
- Agency for Persons with Disabilities,
- Department of Juvenile Justice,
- A seaport listed in Florida Statute 311.09.
- Seeking to work directly or indirectly in a position having direct contact with children, disabled persons, or elderly persons.
- Seeking to be employed or licensed by the Department of Education or work in any school or child care facility.
- Seeking to be licensed by the Division of Insurance within the Department of Financial Services.
Federal Law
The federal government is considered a separate jurisdiction and disclosure of sealed criminal history is governed by federal law, even if a person is physically in the State of Florida.
While most federal agencies do not require the disclosure of sealed criminal history records, there are several notable exceptions. For example, the United States Immigration and Naturalization Service requires applicants to disclose sealed criminal history records. Also, sealed criminal history records must be disclosed when completing Form SF-86 as part of a national security clearance application.
Generally, though, if a federal questionnaire or application specifically asks for criminal history that was sealed or expunged, then it should be disclosed. If the question does not specifically ask for sealed or expunged history, it need not be disclosed.
Contact Criminal Defense Lawyer Richard Hornsby
If you have a criminal record holding you back, contact Florida Sealing Attorney Richard Hornsby today to begin the criminal records sealing process and clear your record.