Florida Department of Law Enforcement Automatic Sealing of Criminal Records
In Florida, the automatic sealing of criminal records is governed by Florida Statute § 943.0595. This statute allows for the automatic sealing of certain criminal records under specific circumstances, without the need for a court petition.
What is Automatic Sealing?
Automatic sealing occurs when the Florida Department of Law Enforcement (FDLE) seals a criminal record without the individual having to file a petition. This typically happens when:
No charging document (such as an indictment or information) was filed.
The charges were dismissed or nolle prosequi (dropped) by the prosecutor.
The individual was found not guilty by a judge or jury.
A judgement of acquittal was entered.
It’s important to note that automatic sealing is not applicable if the case involves a forcible felony as defined in § 776.08 or certain sexual offenses enumerated in § 943.0435. Additionally, the automatic sealing process is not a quick process and can take several months.
Differences Between Automatic Sealing and Traditional Sealing or Expungement
While automatic sealing can offer a simple and more convenient route to keeping certain criminal records private, it differs from traditional sealing or expungement in several ways:
Court Involvement: Automatic sealing does not require a court petition, whereas traditional sealing or expunging does.
Eligibility: Automatic sealing applies only to cases where there was no filing of charges, dismissal, acquittal, or judgement of acquittal.
For individuals who do not qualify for automatic sealing, pursuing a traditional sealing or expungement may be necessary to achieve the desired outcome.
Steps to Pursue Traditional Sealing or Expungement
If you believe you are eligible for traditional sealing or expungement, consider hiring an experienced Criminal Defense Attorney-particularly one who has experience with sealing and expungement cases in Florida. Having legal guidance can greatly increase your chances of success and ensure the process goes smoothly.
Contact our office if you would like to schedule a free consultation, or if you have any questions or uncertainty about your eligibility for record sealing or expungement in Florida.
