Sealing a Criminal Record in Florida

After obtaining your Case disposition and having it Certified by the Clerk, Submit the application for a certificate of eligibility (CoE) to the Florida Department of Law Enforcement (FDLE);

Once the FDLE issues the CoE, submit that along with several other court filings to the clerk for the judge to sign;

Have a hearing on the petition to seal your Florida criminal history records (this step is not required in every instance and varies from county to county); and

Have the signed order sealing that criminal history record in Florida sent to the relevant agencies and government departments who have a record of the criminal record (does not apply to civil records of the incident, such as those retained by the Department of Highway Safety and Motor Vehicles.), and to all the Florida public records reporting companies.

The Florida Department of Law Enforcement and other criminal justice agencies will retain a copy of the record, but it will not be subject to the provisions of s. 119.07(1) (public records) and s. 24(a), Art. I of the State Constitution (access to public records and meetings) and will not be available to anyone other than the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law, and the entities enumerated in s. 943.059(4)(a) and listed here ; and

The individual may lawfully deny or fail to acknowledge the arrests covered by the Sealed Florida Record, except in the instances enumerated in s. 943.059(4)(a) and listed here.

An Expunged Florida Record is physically destroyed by most agencies and departments in possession of the record, where as a Florida sealed record is simply made confidential;

When the situations enumerated in s. 943.0585(4)(a) and listed here, and s. 943.059(4)(a) and listed here arise, the Florida Criminal Record must be disclosed. However, expunged record in Florida results in the release of only the subject's demographic information and a caveat statement stating the Florida criminal history information has been expunged, whereas a sealed record will include the details of the incident; and

A sealed Florida history must be revealed when the subject is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a Florida criminal history background check under state or federal law in Florida, and expunged record does not;

A charge that resulted in a withhold of adjudication can’t be expunged, but it may qualify to be sealed in Florida;

A charge that resulted in a trial can’t be expunged, but it may qualify to be sealed; and

Any of the charges listed here that received a withhold of adjudication can’t be sealed, but if the charge was dropped or dismissed, it can be expunged in Florida.