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Florida Statute 943.0595 | Lawyer Caselaw & Research
F.S. 943.0595 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 943.0595

The 2023 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.0595
943.0595 Automatic sealing of criminal history records; confidentiality of related court records.—
(1) RULEMAKING.—Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules addressing the automatic sealing of any criminal history record of a minor or an adult described in this section.
(2) ELIGIBILITY.—
(a) The department shall automatically seal a criminal history record that does not result from an indictment, information, or other charging document for a forcible felony as defined in s. 776.08 or for an offense enumerated in s. 943.0435(1)(h)1.a.(I), if:
1. An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
2. An indictment, information, or other charging document was filed in the case giving rise to the criminal history record, but was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by a court of competent jurisdiction as to all counts. However, a person is not eligible for automatic sealing under this section if the dismissal was pursuant to s. 916.145 or s. 985.19.
3. A not guilty verdict was rendered by a judge or jury as to all counts. However, a person is not eligible for automatic sealing under this section if the defendant was found not guilty by reason of insanity.
4. A judgment of acquittal was rendered by a judge as to all counts.
(b) There is no limitation on the number of times a person may obtain an automatic sealing for a criminal history record described in paragraph (a).
(3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
(a) Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing under paragraph (2)(a), the clerk of the court shall transmit a certified copy of the disposition of the criminal history record to the department, which shall seal the criminal history record upon receipt of the certified copy.
(b) The department shall notify the clerk of the court upon the sealing of the criminal history record as provided in paragraph (a). Upon such notification, the clerk of the court must automatically keep the related court record in the case giving rise to the department’s sealing of the criminal history record confidential and exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution.
(c) Automatic sealing of a criminal history record and making the related court record confidential and exempt does not require sealing by other criminal justice agencies, or that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies.
(d) Except as provided in this section, automatic sealing of a criminal history record and making the related court record confidential and exempt shall have the same effect, and the department and the clerk of the court may disclose such a record in the same manner, as a record sealed under s. 943.059.
History.—s. 52, ch. 2019-167; s. 1, ch. 2023-189.

F.S. 943.0595 on Google Scholar

F.S. 943.0595 on Casetext

Amendments to 943.0595


Arrestable Offenses / Crimes under Fla. Stat. 943.0595
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.0595.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendment to Fla. Rule of Gen. Practice & Judicial Admin. 2.420

    No. SC2023-1320 (Fla. Oct. 19, 2023)
    Under section 943.0595, Florida Statutes (2023), the Department of Law Enforcement must automatically seal criminal history records that meet specified criteria, such as when "[a] judgment of acquittal was rendered by a judge as to all counts." A recent statutory change, effective July 1, 2023, requires the department to then notify the clerk of court, and "[u]pon such notification, the clerk of the court must automatically keep the related court record in the case giving rise to the department's sealing of the criminal history record confidential and exempt from s[ection] 119.071(1) and s[ection] 24(a), Art. I of the State Constitution." Ch. 2023-189, § 1, Laws of Fla. We now amend subdivision (d) (Procedures for Determining Confidentiality of Court Records) of rule 2.420 to list section 943.0595 and a court record in a case giving rise to the sealed criminal history record in the list of statutes and information that the clerk of court must maintain as confidential.
    PAGE 2

  2. Matthews v. State

    760 So. 2d 1148 (Fla. Dist. Ct. App. 2000)   Cited 5 times
    The lower court's order denying the Appellant's Motion for Certificate of Eligibility is affirmed based upon section 943.0595(2)(e).
    PAGE 1151

  3. State v. Plotka

    689 So. 2d 1174 (Fla. Dist. Ct. App. 1997)   Cited 2 times
    Since the trial court's ruling, our supreme court has issued its opinion in State v. D.H.W., 21 Fla. L. Weekly 5545 (Fla. 1996), which holds that section 943.0595 does not violate the separation of powers provision of Article II, section 3, of the Florida Constitution. Accordingly, a petition to expunge a criminal history record may not be granted until the conditions precedent in section 943.0585 have been satisfied.
    PAGE 1175

    Cases from cite.case.law:

    E. MATTHEWS, v. STATE, 760 So. 2d 1148 (Fla. Dist. Ct. App. 2000)

    . . . See § 943.0595(2)(e), Fla. Stat. (1997). . . .

    STATE v. PLOTKA,, 689 So. 2d 1174 (Fla. Dist. Ct. App. 1997)

    . . . D.H.W., 686 So.2d 1381 (Fla.1996), which holds that section 943.0595 does not violate the separation . . .