Overview Description

A criminal history record relating to arrests or law enforcement interaction for alleged offenses for which charges were not filed may be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059.

 

Ineligible Category or Citation

For the list of offenses ineligible for sealing under this column, see Fla. Stat. § 943.059. The person is ineligible for sealing under this column if the person has been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in section 943.051(3)(b). Fla. Stat. § 943.059.

Procedure General

 

Before petitioning the court to seal a criminal history record, the person must apply for a certificate of eligibility for sealing from the Florida Department of Law Enforcement. The certificate is valid for 12 months after the date stamped on the certificate by the department. Fla. Stat. § 943.059(2).

The court can only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court can, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order. For further information on the procedure, see Fla. Stat. § 943.059, 11C-7.007(1)(c), F.A.C.

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.059(2)(b).

Effect

A criminal history record of a minor that was ordered sealed by a court is confidential and exempt from inspection as a public record. It is available only to the person who is the subject of the record, their attorney, criminal justice agencies, judges, or to the entities specified in Fla. Stat. § 943.059(4)(a). The subject person can lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(4)(a). For further information about the effect of sealing, see Fla. Stat. § 943.059(4).

Waiting Periods

A petition can be filed at any time.

(non-prod server)