Florida Statute 943.059 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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F.S. 943.059

943.059 Court-ordered sealing of criminal history records.—

(1) ELIGIBILITY.—A person is eligible to petition a court to seal a criminal history record when:

(a) The criminal history record is not ineligible for court-ordered sealing under s. 943.0584.

(b) The person has never, before the date the application for a certificate of eligibility is filed, been adjudicated guilty in this state of a criminal offense, or been adjudicated delinquent in this state for committing any felony or any of the following misdemeanor offenses, unless the record of such adjudication of delinquency has been expunged pursuant to s. 943.0515:

1. Assault, as defined in s. 784.011;

2. Battery, as defined in s. 784.03;

3. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a);

4. Carrying a concealed weapon, as defined in s. 790.01(2);

5. Open carrying of a weapon, as defined in s. 790.053;

6. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s. 790.115;

7. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1);

8. Unlawful possession of a firearm by a minor, as defined in s. 790.22(5);

9. Exposure of sexual organs, as defined in s. 800.03;

10. Arson, as defined in s. 806.031(1);

11. Petit theft, as defined in s. 812.014(3);

12. Neglect of a child, as defined in s. 827.03(1)(e); or

13. Cruelty to animals, as defined in s. 828.12(1).

(c) The person has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.

(d) The person is no longer under court supervision applicable to the disposition of arrest or alleged criminal activity to which the petition to seal pertains.

(e) The person has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.0585, former s. 893.14, former s. 901.33, or former s. 943.058.

(2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the court to seal a criminal history record, a person seeking to seal a criminal history record must apply to the department for a certificate of eligibility for sealing. The department shall adopt rules relating to the application for and issuance of certificates of eligibility for sealing.

(a) The department shall issue a certificate of eligibility for sealing to a person who is the subject of a criminal history record if that person:

1. Satisfies the eligibility criteria in paragraphs (1)(a)-(e) and is not ineligible for court-ordered sealing under s. 943.0584.

2. Has submitted to the department a certified copy of the disposition of charge to which the petition pertains.

3. Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.

(b) A certificate of eligibility for sealing is valid for 12 months after the date stamped on the certificate when issued by the department. After that time, the petitioner must reapply to the department for a new certificate of eligibility. The status of the applicant and the law in effect at the time of the renewal application determine the petitioner’s eligibility.

(3) PETITION.—Each petition to a court to seal a criminal history record is complete only when accompanied by:

(a) A valid certificate of eligibility issued by the department pursuant to this section.

(b) The petitioner’s sworn statement that the petitioner:

1. Satisfies the eligibility requirements for sealing in subsection (1).

2. Is eligible for sealing to the best of his or her knowledge and does not have any other petition to seal or expunge a criminal history record pending before any court.

Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) COURT AUTHORITY.—

(a) The courts of this state have jurisdiction over their own procedures, including the maintenance, sealing, and correction of judicial records containing criminal history information to the extent that such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.

(b) Any court of competent jurisdiction may order a criminal justice agency to seal the criminal history record of a minor or an adult who complies with the requirements of this section. The court may not order a criminal justice agency to seal a criminal history record until the person seeking to seal a criminal history record has applied for and received a certificate of eligibility pursuant to subsection (2).

(c) The court may order the sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only, except the court may order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not seal any record pertaining to such additional arrests if the order to seal does not articulate the intention of the court to seal a record pertaining to more than one arrest. This section does not prevent the court from ordering the sealing of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity.

(d) Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to sealing, correction, or confidential handling of criminal history records or information derived therefrom.

(e) This section does not confer any right to the sealing of any criminal history record, and any request for sealing of a criminal history record may be denied at the sole discretion of the court.

(5) PROCESSING OF A PETITION OR ORDER.—

(a) In judicial proceedings under this section, a copy of the completed petition to seal shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to seal.

(b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to seal to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency that the records of the court reflect has received the criminal history record from the court.

(c) The department or any other criminal justice agency is not required to act on an order to seal entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner’s attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to seal when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section.

(6) EFFECT OF ORDER.—

(a) A criminal history record of a minor or an adult which is ordered sealed by a court pursuant to this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the following persons:

1. The subject of the record;

2. The subject’s attorney;

3. 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;

4. Judges in the state courts system for the purpose of assisting them in their case-related decisionmaking responsibilities, as set forth in s. 943.053(5); or

5. To those entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for their respective licensing access authorization and employment purposes.

(b) The subject of the criminal history record sealed under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

1. Is a candidate for employment with a criminal justice agency;

2. Is a defendant in a criminal prosecution;

3. Concurrently or subsequently petitions for relief under this section, s. 943.0583, or s. 943.0585;

4. Is a candidate for admission to The Florida Bar;

5. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;

6.a. Is seeking to be employed or licensed by, or contract with, the Department of Education, a district unit under s. 1001.30, a special district unit under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, a virtual instruction program under s. 1002.45, a charter school under s. 1002.33, a hope operator under s. 1002.333, an alternative school under s. 1008.341, a private or parochial school, or a local governmental entity that licenses child care facilities;

b. Is seeking to be employed or used by a contractor or licensee under sub-subparagraph a.; or

c. Is a person screened under s. 1012.467;

7. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law;

8. Is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services;

9. Is seeking to be appointed as a guardian pursuant to s. 744.3125; or

10. Is seeking to be licensed by the Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm. This subparagraph applies only in the determination of an applicant’s eligibility under s. 790.06.

(c) Subject to the exceptions in paragraph (b), a person who has been granted a sealing under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge a sealed criminal history record.

(d) Information relating to the existence of a sealed criminal history record provided in accordance with paragraph (b) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the sealed criminal history record to the entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for their respective licensing, access authorization, and employment purposes. An employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph (b)10. may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. A person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 4, ch. 92-73; s. 44, ch. 93-39; s. 3, ch. 94-127; s. 20, ch. 94-154; s. 96, ch. 94-209; s. 4, ch. 95-427; s. 53, ch. 96-169; s. 8, ch. 96-402; s. 444, ch. 96-406; s. 1848, ch. 97-102; s. 58, ch. 98-280; s. 116, ch. 99-3; s. 10, ch. 99-188; s. 5, ch. 99-300; s. 17, ch. 99-304; s. 3, ch. 2000-246; s. 28, ch. 2000-320; s. 5, ch. 2001-127; s. 1, ch. 2002-212; ss. 9, 98, ch. 2004-267; s. 2, ch. 2004-295; s. 23, ch. 2005-128; s. 119, ch. 2006-120; s. 11, ch. 2006-176; s. 28, ch. 2006-195; s. 110, ch. 2006-197; s. 6, ch. 2008-249; s. 9, ch. 2009-171; s. 8, ch. 2010-31; s. 18, ch. 2012-73; s. 19, ch. 2012-215; s. 5, ch. 2013-98; s. 26, ch. 2013-116; s. 170, ch. 2014-17; s. 36, ch. 2014-123; s. 7, ch. 2014-124; s. 19, ch. 2014-147; s. 28, ch. 2014-160; s. 2, ch. 2018-101; s. 51, ch. 2019-167; s. 54, ch. 2021-51; s. 6, ch. 2022-154; s. 34, ch. 2023-18.

F.S. 943.059 on Google Scholar

F.S. 943.059 on Casetext

Amendments to 943.059

Arrestable Offenses / Crimes under Fla. Stat. 943.059

Level: Degree
Misdemeanor/Felony: First/Second/Third

S943.059 1 - PERJURY - RENUMBERED. SEE REC # 8785 - F: T

S943.059 3b - FRAUD-FALSE STATEMENT - PROVIDE FALSE INFO SWORN SEAL STATEMENT - F: T

S943.059 4c - INVADE PRIVACY - RENUMBERED. SEE REC # 8786 - M: F

S943.059 6d - INVADE PRIVACY - DISCLOSE INFO FROM SEALED CRIMINAL RECORD - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 943.059

Total Results: 20

GRANVILLE WILLIAMS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-24T00:53:00-07:00

Snippet: denied the petition. The trial court quoted section 943.059, Florida Statutes — a statute not invoked by the…expunction pursuant to section 943.0583, not section 943.059. By section 943.0583’s plain language, expunction

In Re: Amendments to Florida Rules of Criminal Procedure 3.692 and 3.989 - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: Court-ordered expunction of criminal history records, and 943.059, Court-ordered sealing of criminal history records…All relief sought by reason of sections 943.0585–943.059, Florida Statutes, shall be by written petition…authority.All relief sought pursuant to section 943.059, Florida Statutes, shall be by written petition…satisfies the eligibility requirement in section 943.059(1), Florida Statutes; …expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 494

Snippet: All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by written petition…under any law under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14…expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14…_____ ) ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL…expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14

Dept. of Law Enforcement v. Elmufdi

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-15T00:53:00-07:00

Snippet: criminal history record, pursuant to section 943.059(3)(d), Florida Statutes (2017), to the trial court…expunction in the Broward case in 2008. Section 943.059, Florida Statutes, titled, “Court-ordered sealing…for a certificate of eligibility for sealing. § 943.059(2), Fla. Stat. (2017). In addition, FDLE… or expunction of a criminal history record. § 943.059(2)(e), Fla. Stat. (2017); A.J.M. v. Florida Dept…15 So. 3d 707, 709 (Fla. 3d DCA 2009). Section 943.059(1)(b)3, provides that in addition to a valid certificate

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Fla. | Date Filed: 2018-07-19T00:53:00-07:00

Snippet: All relief sought by reason of sections 943.0585–943.059, Florida Statutes, shall be by written petition…sealing under any lawunder section 943.0585 or 943.059, Florida Statutes, or under former section 893.14…expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14… ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA…expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14

Rivero v. Farach

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-16T00:53:00-07:00

Snippet: previously sealed by order . . . pursuant to section 943.059, Florida Statutes.” The trial court disagreed

Nixon Lazard v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-20T00:00:00-07:00

Citation: 229 So. 3d 439

Snippet: x27; his criminal history record under section 943.059(2), Florida Statutes (2016). Because the FDLE erroneously… the 2003 charge and plea, pursuant to section 943.059, Florida Statutes (2016). The FDLR sent Lazard …criminal history ineligible for sealing under section 943.059. Lazard then filed a motion to compel the FDLE …another family or household member.” Section 943.059, Florida’Statutes, establishes the requirements… petition to seal the record with the court. § 943.059, Fla. Stat, (2016). In this appeal, we must determine

Gotowala v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-28T00:00:00-07:00

Citation: 220 So. 3d 1212, 2017 WL 2814850, 2017 Fla. App. LEXIS 9417

Snippet: sealed and meets all the requirements of section 943.059, Florida Statutes, the trial court may in its discretion

J.A.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

Citation: 198 So. 3d 884, 2016 Fla. App. LEXIS 10779, 2016 WL 3745513

Snippet: section 943.059, Florida Statutes (2016), bars J.A.H. from having his record sealed. Section 943.059, Florida…record sealed pursuant to sections 943.0585 and 943.059, Florida Statutes, and also that J.A.H. had not…Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively…entrusted to the trial court’s “sole discretion.” § 943.059, Fla. Stat. This discretion is not unfettered however… committing the offense as a delinquent act. § 943.059, Fla, Stat. (2016) (emphasis added). Although J.A.H

Nelsa McGann Grey v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-15T00:00:00-07:00

Citation: 199 So. 3d 988, 2016 Fla. App. LEXIS 9270

Snippet: sealing of a criminal history is governed by section 943.059 of the Florida Statutes, and Florida Rule of Criminal…petitioner satisfies the requirements of section 943.059 and Rule 3.692(a)(1), the petitioner is “presumptively…satisfied the statutory requirements of section 943.059 and Rule 3.692. Id. at 569. In doing

Nelsa McGann Grey v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-27T00:53:00-07:00

Edward Gotowala v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 184 So. 3d 568, 2016 Fla. App. LEXIS 719

Snippet: Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively…entrusted to the trial court’s “sole discretion.” § 943.059, Fla. Stat. This discretion is not unfettered however

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

Court: Fla. | Date Filed: 2015-10-08T00:00:00-07:00

Citation: 176 So. 3d 980, 40 Fla. L. Weekly Supp. 544, 2015 Fla. LEXIS 2216, 2015 WL 5877975

Snippet: *988 tion . 943.0585, or . section 943.059 Florida Statutes, to expunge/seal all criminal …expunction or sealing under section 943.0585, or 943.059, Florida Statutes, former section 943.058, Florida…petitioner’s record has been sealed under section 943.059, Florida Statutes, former section 943.058, Florida

Cole Borg v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-08T00:00:00-07:00

Citation: 169 So. 3d 261, 2015 Fla. App. LEXIS 10405

Snippet: on appellant’s motion filed pursuant to section 943.059(1), Florida Statutes (2014). See Gotowala

Gotowala v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 162 So. 3d 33, 2014 Fla. App. LEXIS 7638, 2014 WL 2101014

Snippet: complied with all of the requirements of section 943.059(1), Florida Statutes (2013) and Florida Rule of…trial court has broad discretion under section 943.059 to deny a petition to seal criminal records, this

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Fla. | Date Filed: 2014-04-24T00:00:00-07:00

Citation: 137 So. 3d 1015, 39 Fla. L. Weekly Supp. 276, 2014 WL 1722476, 2014 Fla. LEXIS 1384

Snippet: between section 943.0583 and sections 943.0585-943.059 expungements is well-taken. Accordingly, we add… sought by reason of sections 943.0583943.0585-943.059, Florida Statutes, shall be by written petition

In re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2013-12-12T00:00:00-08:00

Citation: 132 So. 3d 123, 38 Fla. L. Weekly Supp. 890, 2013 WL 6500885, 2013 Fla. LEXIS 2685

Snippet: sought by reason of sections 943.0585943.0583-943.059, Florida Statutes, shall be by written petition

State v. C.B.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-03T00:00:00-07:00

Citation: 117 So. 3d 844, 2013 WL 3335063, 2013 Fla. App. LEXIS 10676

Snippet: stemming from two arrests. Pursuant to section 943.059, Florida Statutes (2011), “[t]he court may, at

Shanks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-28T00:00:00-07:00

Citation: 82 So. 3d 1226, 2012 WL 1020517, 2012 Fla. App. LEXIS 4853

Snippet: the Petition to Expunge/Seal, pursuant to F.S. § 943.059.” We reverse and remand. Earlier Mr. Shanks had

Anderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-26T00:00:00-07:00

Citation: 69 So. 3d 982, 2011 Fla. App. LEXIS 13414, 2011 WL 3754801

Snippet: her criminal history sealed pursuant to section 943.059, Florida Statutes (2010). We must affirm because…to which her petition to seal pertained. See § 943.059(1)(b)2., Fla. Stat. (2010). Her remedy, if she