Sealing and Expunging Criminal Records in Florida

In Florida, sealing or expunging a criminal record is done by petitioning the court that ruled on the case. The Florida judiciary maintains a list of courts on its website. If the case and applicant meet eligibility requirements under Florida Statutes, the criminal record is sealed or expunged. Thus, the public, private employers, and most government agencies cannot access them without a court order.

The Difference Between Sealing and Expunging Criminal Records

While the terms record sealing and expungement are used interchangeably, the terms mean different things in Florida. Section 943.045(19) of the Florida Statutes defines the sealing as the preservation of a record such that it is secure and inaccessible to entities without legal right. In this case, only certain government agencies and individuals with court orders can access the sealed criminal record.

On the other hand, Section 943.045(16) defines expungement as the court-ordered physical destruction of a record or portion of a record by criminal justice agencies that possess the criminal record. In this case, only licensed firearms dealers and the Department of Agriculture and Consumer Services can legally access expunged criminal records in Florida.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Seal or Expunge a Criminal Record in Florida

Before applying to seal a criminal record in Florida, the individual must meet five eligibility requirements stipulated under Section 943.059 of Florida statutes:

• The criminal history record must be eligible for court-ordered sealing (except crimes under Section 943.0584)
• Before applying, the individual has not been adjudicated guilty of a crime, felony, or misdemeanor listed under Section 943.0584
• The individual is not guilty of the acts pertaining to the petition
• The individual is not under court-ordered supervision, probation, or community service related to the crime stated in the petition
• The individual has never applied to seal a criminal record in or outside Florida

Furthermore, according to Florida judicial policy, an individual can only apply to seal a criminal record if:

• The case was dismissed
• There are no pending indictment, conviction, information, or charges related to the case.

Under Florida law, individuals can only seal or expunge one record in a lifetime.

Types of Sealing or Expungement Processes in Florida

According to the Florida Department of Law Enforcement (FDLE), there are eight processes for sealing or expunging a criminal record in Florida.

• Administrative Expungement: This process applies to records of an arrest (adult or juvenile) made contrary to law or by mistake. The applicant may apply to seal or expunge such records per Section 943.0581 of Florida Statutes and Rule 11C-7.008 of the Florida Administrative Code.
• Court-Ordered Sealing or Expungement: This applies to individuals who successfully petition a court to seal or expunge a criminal history record. The FDLE confirms statutory eligibility per Sections 943.059 and 943.0585 of Florida Statutes; Rules 11C-7.006 and 11C-7.007 of the Florida Administrative Code.
• Juvenile Diversion Expungement: This applies to individuals who have completed an accredited juvenile diversion program for a misdemeanor. The application is made under Section 943.0582 of Florida Statutes and Rule 11C-7.009 of the Florida Administrative Code.
• Lawful Self-Defense Expungement: This applies to individuals certified by the appropriate state attorney or statewide prosecutor to have acted in lawful self-defense under Chapter 776 of Florida Statutes and acquitted per Section 943.0578 of Florida Statutes.
• Human Trafficking Expungement: This process applies to victims of human trafficking who committed offenses as a part of the human trafficking scheme. This application is based on Section 943.0583 of Florida Statutes.
• Automatic Juvenile Expungement: The FDLE automatically expunges records of offenses committed by a minor when the individual reaches the age of 21. However, if the minor was committed to a juvenile correctional facility or juvenile prison, the age of expungement is 26 – provided certain conditions are satisfied under Section 943.0515 of Florida Statutes.
• Early Juvenile Expungement: Per Section 943.0515(1)(b)2 of Florida Statutes, individuals between the ages of 18 and 21 may, under certain conditions, may apply to have their juvenile criminal records expunged if they have not been charged with or found to have committed any criminal offense (including the offense of interest) within the preceding five years.
• Automatic Sealing: The FDLE automatically seals a criminal record when the Clerk of the Court submits a qualifying certified disposition to the FDLE via electronic means.

What Crimes Can Be Sealed or Expunged in Florida?

In Florida, all types of criminal records can be expunged if the court dismisses the case. However, only specific categories of criminal records can be sealed. Nevertheless, crimes that are sexual or involve violence cannot be sealed in Florida. A full list of ineligible crimes is available under Section 943.059 of Florida statutes.

How to Seal a Criminal Record in Florida

The Florida Department of Law Enforcement (FDLE) outlines five steps to seal a criminal record:

• Complete the Application Form: The applicant must download an application form for a Certificate of Eligibility available on the FDLE website. Upon completion, the applicant must sign the application in the presence of a notary public or a deputy clerk of the court.
• Provide a Certified Disposition: The applicant must provide a certified disposition for each case or criminal charge listed on the application. The Clerk of Court in the county where the case was filed disseminates certified dispositions. However, applicants placed on probation must provide a document to support the termination of probation. Likewise, in cases of pre-trial intervention and other diversion programs, the applicant must provide a copy of the pre-trial completion certificate or a letter of successful completion. These documents are used instead of a certified disposition.
• Provide a Complete Fingerprint Form: The applicant must provide a stamped fingerprint card from an authorized criminal justice agency.
• Pay the Processing Fee: The applicant must make the money order, cashier's check, or personal check of $75.00 payable to the FDLE. The check or money order is attached along with the application form and other supporting documents.
• Present an Attorney Letterhead: All applicants represented by an attorney must present a letter of representation from the attorney on letterhead along with the application.

Direct the application to:

Florida Department of Law Enforcement
Attention: Expunge Section
P.O. Box 1489
Tallahassee, Florida 32302-1489
Phone: (850) 410-7870

How to Expunge Criminal Records in Florida?

The Florida Department of Law Enforcement (FDLE) outlines six steps to expunge a criminal record:

• Complete the Application Form: The applicant must download an application form for a Certificate of Eligibility available on the FDLE website. Upon completion, the applicant must sign the application in the presence of a notary public or a deputy clerk of the court.
• Obtain a Written Certified Statement Page: Applicants seeking to expunge a criminal record must obtain a written certified statement page from the appropriate state attorney or prosecutor.
• Provide a Certified Disposition: The applicant must provide a certified disposition for each case or criminal charge listed on the application. The Clerk of Court in the county where the case was filed disseminates certified dispositions. However, applicants placed on probation must provide a document to support the termination of probation. Likewise, in cases of pre-trial intervention and other diversion programs, the applicant must provide a copy of the pre-trial completion certificate or a letter of successful completion. These documents are used in place of a certified disposition.
• Provide a Complete Fingerprint Form: The applicant must provide a stamped fingerprint card from an authorized criminal justice agency.
• Pay the Processing Fee: The applicant must fill out a money order, cashier's check, or personal check of $75.00 payable to the FDLE. The check or money order is attached along with the application form and other supporting documents.
• Present an Attorney Letterhead: If represented by an attorney, the applicant must present a letter of representation from the attorney on letterhead along with the application.

Direct the application to:

Florida Department of Law Enforcement
Attention: Expunge Section
P.O. Box 1489
Tallahassee, Florida 32302-1489
Phone: (850) 410-7870

Do Sealed Records Show up In Florida Background Checks?

Yes, they do. The process of sealing or expunging a criminal record is not absolute in Florida. Certain entities are entitled to access the records for criminal background checks. These entities include licensed importers, manufacturers, or dealers of firearms. Likewise, under state and federal laws, the Department of Agriculture and Consumer Services may access criminal records to determine an individual's eligibility to carry a concealed weapon or firearm.

Who Can See Sealed Criminal Records in Florida?

Under Sections 943.0585(4)(a) and 943.059(4)(a), an individual must disclose the existence of sealed criminal records to the following entities:

• Law enforcement (as in seeking employment)
• Court of law (as a defendant in a criminal prosecution)
• The Florida Bar
• The Department of Children and Family Services
• The Agency for Health Care Administration
• The Agency for Persons with Disabilities
• The Department of Juvenile Justice
• The Department of Education (district school board, a university laboratory school, charter school, private, or parochial school)
• Local governmental entities that license child care facilities
• Licensed importer, manufacturer, or dealer of firearms
• Any entity related to the Florida Seaport
• The Department of Agriculture and Consumer Services

How to Obtain Sealed Records in Florida

Under Section 943.0585of the Florida Statutes, the FDLE may release a copy of sealed records to the individuals named on the record, entitled government agencies, and persons armed with a court order. Sealed records are only released in matters related to employment with the agencies mentioned above.

To obtain a sealed record, the requester must visit or contact:

Florida Department of Law Enforcement
P.O. Box 1489
Tallahassee, Florida 32302-1489
Phone: (850) 410-7870