Is my Florida record already sealed automatically?

Section 943.0595 created automatic sealing so that people whose cases never led to a finding of guilt would not have to petition a court. It works behind the scenes: the clerk sends the disposition to FDLE, FDLE seals its record, and the clerk makes the court file confidential. Because nobody receives a court order, many people do not know it happened. How Mr. Mead helps with records is on our records expungement page.

How does automatic sealing happen, step by step?

1. The case ends with a qualifying disposition. No charge filed; a dismissal or nolle prosequi of all counts; a not guilty verdict on all counts; or a judgment of acquittal on all counts (s. 943.0595(2)(a)).
2. The clerk sends it to FDLE. "Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing," the clerk transmits a certified copy of the disposition to FDLE (s. 943.0595(3)(a)). FDLE says the record is sealed "by operation of law" when the clerk submits the qualifying disposition electronically.
3. FDLE seals its record. The state criminal history record is sealed on receipt (s. 943.0595(3)(a)).
4. The clerk makes the court record confidential. When FDLE notifies the clerk, the clerk "must automatically keep the related court record" confidential (s. 943.0595(3)(b)).
5. Other agencies keep theirs. Automatic sealing "does not require sealing by other criminal justice agencies," which continue to maintain their records (s. 943.0595(3)(c)).

Which outcomes qualify?

Forcible felonies are defined in s. 776.08 and include burglary, robbery, aggravated assault and aggravated battery; the s. 943.0435 list covers the sex offenses that lead to registration, explained in which convictions require sex offender registration. For those charges, even a dismissal requires a petition, if the person is eligible, as set out in whether you are eligible to seal or expunge your record.

What does an automatically sealed record mean in practice?

Except as the statute provides, automatic sealing has "the same effect" as a court-ordered sealing under s. 943.059, and FDLE and the clerk may disclose it only in the same ways (s. 943.0595(3)(d)). That means the public cannot get the FDLE record or the court file, but criminal justice agencies, judges and the employers and licensing bodies listed in s. 943.059(6)(b) still can, including The Florida Bar, criminal justice agencies, schools and agencies serving children and vulnerable adults, and the firearm purchase check. A person may lawfully deny or fail to acknowledge the arrest except in those listed situations.

Two limits matter. First, local police, the sheriff and other agencies keep their own records, because automatic sealing does not require them to seal (s. 943.0595(3)(c)). Second, there is "no limitation on the number of times a person may obtain an automatic sealing" (s. 943.0595(2)(b)), and the one-time limit on court-ordered relief counts only sealings and expunctions under ss. 943.059 and 943.0585 and their predecessors (ss. 943.059(1)(e), 943.0585(1)(g)), so that remedy remains available. Expunction, which destroys agency records, still requires the court process described in how to seal or expunge a record, step by step.

How can I check whether my record was sealed?

FDLE offers a free Personal Review of your own Florida criminal history record under s. 943.056, so you can examine it for accuracy and challenge anything inaccurate or incomplete. The request must include your fingerprints taken by a law enforcement or criminal justice agency, and FDLE says the copy it returns cannot be used for immigration, employment, licensing or certification. A separate, name-based public search costs $24 per search, and FDLE notes that it covers only publicly available information. In Palm Beach County, the Clerk's eCaseView shows public court records, so a case that no longer appears there may have been made confidential; the Clerk's criminal division can be reached at (561) 355-2994. The court side of sealing is covered in whether sealing removes a case from the clerk's website.

What changes the answer?

• All counts. A dismissal of some counts with a plea to others does not qualify (s. 943.0595(2)(a)2.).
• The original charge. A charging document for a forcible felony or a listed sex offense excludes the record, even if it later ended in dismissal (s. 943.0595(2)(a)).
• The type of dismissal. Incompetency dismissals and insanity verdicts are excluded (s. 943.0595(2)(a)2., 3.).
• Diversion. A program that ends in a dismissal or nolle prosequi of all counts can lead to automatic sealing; one that ends in a plea does not. See pretrial diversion in Palm Beach and Broward.
• DUI. A DUI that ends with a reduced plea is not dismissed as to all counts; the DUI rules are in whether a DUI can be sealed or expunged.
• Clerk transmission. The process depends on the clerk sending the disposition; a Personal Review can confirm that it happened.

A worked example

For example, take a hypothetical woman arrested in Fort Lauderdale for misdemeanor possession of cannabis, whose case the State Attorney nolle prossed after she completed a diversion program. Because the charge was not a forcible felony and every count was nolle prossed, the Broward Clerk would send the disposition to FDLE, FDLE would seal its record, and the court file would become confidential, without any petition. Her one court-ordered sealing or expunction would still be available. The arresting agency would keep its own report, so she might still choose to seek expunction later. If, instead, she had been charged with aggravated battery and the case had been dismissed, automatic sealing would not apply because aggravated battery is a forcible felony; she would need to petition, and she could, because the case was dismissed and never ended in a conviction. This illustration is not a prediction for any case.

Common mistakes people make

• Paying for a court sealing that already happened automatically, and using up the one-time remedy.
• Assuming a partial dismissal was sealed when one count ended in a plea.
• Assuming automatic sealing removes the police report or the booking record held by local agencies.
• Not checking the FDLE record before applying for a sensitive job or license.
• Answering a background question incorrectly when the application is one of the listed exceptions.

What to do this week

1. Find the final disposition of each old case and check whether all counts were dismissed, nolle prossed or acquitted.
2. Check the original charges for forcible felonies or listed sex offenses.
3. Request a free FDLE Personal Review with fingerprints if you are unsure.
4. Get certified copies of anything you may need later.
5. Ask a lawyer whether court-ordered expunction would add anything for your case.

Frequently asked questions

Do I need to do anything for automatic sealing?

No petition is needed. The clerk sends the disposition to FDLE and FDLE seals the record (s. 943.0595(3)(a)).

Does automatic sealing count as my one sealing?

No. There is no limit on automatic sealing (s. 943.0595(2)(b)), and the one-time rule for court-ordered relief lists only sealings and expunctions under ss. 943.059 and 943.0585 and their predecessors (s. 943.059(1)(e)).

Why does my arrest still show up on a mugshot or police website?

Automatic sealing covers FDLE's record and the court file; other agencies are not required to seal theirs (s. 943.0595(3)(c)). Booking photos on commercial sites can be removed under a separate law, explained in how to get a mugshot taken down.

Was my case sealed if the charges were dropped before filing?

A case where no charging document was filed qualifies, unless the arrest was for an excluded offense (s. 943.0595(2)(a)1.). Why cases are dropped is explained in whether criminal charges can be dropped before trial.

Can I still expunge a record that was sealed automatically?

Automatic sealing does not destroy agency records. If you qualify, court-ordered expunction is a separate step with its own requirements.

Does automatic sealing apply to juvenile records?

The statute covers the criminal history record "of a minor or an adult" (s. 943.0595(1)). Juvenile records also have their own expunction rules; see what happens after a juvenile arrest.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. Knowing whether a record is already sealed avoids wasting the one-time court remedy, and it is the first thing to check before a background screening. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you want to know where your record stands, a confidential call to (561) 362-6677 is a sound first step.

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