Read Fla. Stat. § 943.059 when the issue is court-ordered sealing of criminal history records. The statute says: “—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.” Fla. Stat. § 943.0585 speaks in expungement. Fla. Stat. § 943.059 speaks in sealing. They are different orders.
The petition and the sections next to it
Fla. Stat. § 943.0585 deals with court-ordered expunction of criminal history records. It is aimed at a case that ended without a conviction. The statute says: “—A person is eligible to petition a court to expunge a criminal history record if: (a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.”
On diversion program expunction, the Florida text is Fla. Stat. § 943.0582. The statute says: “Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules to provide for the expunction of a nonjudicial record of the arrest of a minor who has successfully completed a diversion program.”
When a different section applies
Fla. Stat. § 776.09 deals with retention of records pertaining to persons found to be acting in lawful self-defense; expunction of criminal history records. The statute says: “(1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense…”
Fla. Stat. § 943.0595 deals with automatic sealing of criminal history records; confidentiality of related court records. This relief can move without a petition in every case. The statute says: “—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…”
What an order changes
Fla. Stat. § 943.0584 deals with who may ask. It is the list of records that do not qualify, or of uses an order does not cut off. The statute says: “(1) As used in this section, the term “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the defendant was a minor, a finding that the defendant…”
Appellate readings
Williamson v. State, 510 So. 2d 1052 (1987) is worth reading in full. The opinion puts it this way: “Florida Rule of Criminal Procedure 3.692 provides in pertinent part: 'Petition to Seal or Expunge '(a) All relief sought by reason of Section 943.058, Florida Statutes (1981), shall be by petition in writing, filed with the clerk.”
Roberto v. State, 853 So. 2d 582 (2003) is worth reading in full. The opinion puts it this way: “The pardon also provided: 'This pardon does not provide, and shall not be construed to provide, eligibility for expungement or sealing of criminal records, or to require other Boards or Agencies to grant favorable consideration in matters within their respective jurisdictions.”
Scott Baker v. State of Florida, 2011 Fla. App. LEXIS 1436 (2011) is worth reading in full. The opinion puts it this way: “Section 943.0585, Florida Statutes (2009), governs the expunction of non-judicial criminal history records, and Florida Rules of Criminal Procedure 3.692 and 3.989 govern petitions to seal or expunge court records.”
The court rule
Fla. R. Crim. P. 3.989 is the court rule that travels with the statute. Its subject is sworn statement; petition; and order to expunge or seal forms.
Fla. R. Crim. P. 3.692 is the court rule that travels with the statute. Its subject is petition to seal or expunge. The rule says: “(1) All relief sought by reason of sections 943.0585, Florida Statutes, shall be by written petition, filed with the clerk.”
A practical sequence
- Open Fla. Stat. § 943.059 and read the part on court-ordered sealing of criminal history records. Everything else in the filing has to fit that section.
- Put the request in the form required by Fla. R. Crim. P. 3.989.
- Before you file, read Fla. Stat. § 943.0584. It is the list of records, or later uses, the order does not reach.
- Then read Williamson v. State, 510 So. 2d 1052 (1987). That is a Florida court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Florida?
Fla. Stat. § 943.059 deals with court-ordered sealing of criminal history records. The statute says: “—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.” Fla. Stat. § 943.0585 speaks in expungement. Fla. Stat. § 943.059 speaks in sealing. They are different orders.
Which Florida records stay usable after an order?
Florida uses Fla. Stat. § 943.0584 for who may ask. It is the list of records that do not qualify, or of uses an order does not cut off. The statute says: “(1) As used in this section, the term “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the defendant was a minor, a finding that the defendant…”
Is there a Florida court rule for the petition?
Fla. R. Crim. P. 3.989 is the petition rule. It covers sWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL FORMS.
How have Florida courts ruled on expungement and sealing?
Williamson v. State, 510 So. 2d 1052 (1987) “Florida Rule of Criminal Procedure 3.692 provides in pertinent part: 'Petition to Seal or Expunge '(a) All relief sought by reason of Section 943.058, Florida Statutes (1981), shall be by petition in writing, filed with the clerk.”
Read Fla. Stat. § 943.059 in full before you file. A quotation on this page is a starting point, not the whole section.