Florida now permits - in some instances - the automatic sealing of criminal records. Bear in mind this is not the same as an expungement or a sealing under Florida Statutes s. 943.0585 (Expungement) or Florida Statutes s. 943.059 (Sealing).
What automatic sealing means is that the Florida Department of Law Enforcement will automatically seal a criminal history record that does not result from an indictment, information, or other charging document for a forcible felony (such as murder, robbery, burglary, and aggravated assault) or for sexual offenses.
You may qualify for an automatic sealing under Florida Statutes s. 943.0595 if a charging document - such as an Information or Indictment - was not filed or issued. This means that the case result was a "no action" also called a "no file" or "no info."
You may also qualify if the charging document was dismissed or nolle prosequi by the prosecutor.
You may also qualify if you were found not guilty by a Judge or Jury at trial.
You may also qualify if a Judgment of Acquittal (JOA) was entered.
There is no limit as to how many times an automatic sealing may occur.
But here's the bad news. Automatic sealing IS NOT the same as an expungement. And furthermore, it may take several months, if not longer, for FDLE to contact the Clerk's Office and alert them to seal the record.
If you have had a case dismissed and you are otherwise eligible, you should proceed with the expungement! If you have pleaded guilty or no contest and are otherwise eligible, you should proceed with the sealing.
Automatic sealing DOES NOT apply to cases where you have received a withhold of adjudication.
Attorney Eric Matheny represents clients throughout the State of Florida for sealing and expungement of records. Attorney Eric Matheny can be contacted to discuss your sealing or expungement.