“Sealing” means a court orders that a criminal history record becomes confidential / exempt from public inspection, but not destroyed. § 943.059(6)(a)–(d).
Eligibility / Criteria for Sealing (Statutory Requirements)
To petition for court-ordered sealing under § 943.059, the petitioner must satisfy the following statutory criteria and avoid disqualifying factors:
- Not statutorily ineligible
The criminal history record being sealed must not be ineligible under 943.0584 (offenses that are excluded from sealing).
The person must not have been adjudicated guilty of any criminal offense or adjudicated delinquent for certain offenses listed in 943.059(1)(b) before the date the application is filed.
- No adjudication of the offense being sealed
The petitioner must not have been adjudicated guilty of, or adjudicated delinquent for, any of the acts of the arrest/incident being sealed. 943.059(1)(c).
- No supervision still ongoing
The petitioner must no longer be under court supervision related to that arrest or charge. 943.059(1)(d).
- No prior sealing or expungement
The petitioner must no longer be under court supervision related to that arrest or charge. 943.059(1)(d).
Disqualifications / Excluded Offenses & Statutory Limitations
- Multiple arrests
- The court may only order sealing of one arrest/incident unless additional arrests are directly related to the original arrest. The court must explicitly state its intent to seal multiple arrests in the order. 943.059(4)(c).
- Court discretion and non-guarantee
- Even if all eligibility criteria are met, sealing is not a right — the court has discretion to deny the petition. 943.059(4)(e).
- The record remains in the system and accessible to certain authorized entities:
- The subject and their attorney
- Criminal justice agencies (for criminal justice purposes)
- Judges (for case-related decision making)
- Certain licensing, employment, or access entities enumerated in 943.059(6)(a)-(d).
- After sealing, the subject may typically deny or fail to acknowledge the sealed record, with statutory exceptions (e.g. applying for employment/licensing in certain sensitive fields) 943.059(6)(b)–(c).
- Sealing does not guarantee erasure; the record is still maintained by FDLE and criminal justice agencies under confidentiality restrictions. 943.059(5)(c)–(6).
Application Checklist & Instructions
- Completed Application
- Certified Disposition
- Certified disposition of each case listed
- Documentation showing termination of probation.
- Diversion certificate/letter
- Completed Fingerprint Form/Card
- Processing Fee
- A NONREFUNDABLE money order, cashier’s check, or personal check in the amount of $75.00 made payable to FDLE must accompany the application.
- Not required for juvenile diversion expungement applications.
- Attorney Letter of Representation
- On Showalter Law letterhead Includes mailing address
- Mail packet and fee to FDLE