Category: Post-Case · Statute: F.S. 943.059 · Source: Florida Legislature
Understanding Sealing Criminal Records in Florida
In Florida, sealing a criminal record is a legal process governed by Section 943.059 of the Florida Statutes. When a record is sealed, the physical and electronic files are not destroyed; instead, they are highly restricted and secured from public view. This means the general public, including private employers, landlords, and commercial background check companies, can no longer access the record of your arrest or prosecution. To qualify for sealing, the criminal charge must have resolved with an "adjudication withheld," meaning the judge did not formally convict you of the offense, and you must not have any prior criminal convictions or previous record expungements in the state of Florida.
It is important to distinguish sealing from expungement under Florida law. While expungement results in the physical destruction of the criminal history record by most agencies, sealing merely closes the record to the public. However, even a sealed record remains accessible to certain governmental entities. Under Florida law, criminal justice agencies, the Department of Education, the Department of Children and Families, and licensing boards for professions such as law, medicine, and real estate can still view sealed records when you apply for employment, licensing, or firearms purchases.
How Sealing Affects Bail and Pretrial Release
A sealed criminal record can significantly benefit a defendant during subsequent pretrial release hearings. When a judge determines bail under Florida Statute 903.046, they must evaluate the defendant's character and prior criminal history. Because a sealed record is legally unavailable to the public, it prevents casual scrutiny. However, because judges, prosecutors, and bail commissioners have access to sealed records through official criminal justice databases, they will still see the prior arrest. Fortunately, the fact that the prior record was successfully sealed demonstrates to the court that the defendant successfully completed their previous court-ordered sanctions, which can serve as a mitigating factor to argue for a lower bail amount or release on recognizance.