Auto-Seal under Section 943.0595

With the passage of Florida Statute Section 943.0595, the Florida Department of Law Enforcement (FDLE) now allows for automatic sealing of a court record (as long as the charge is not a forcible felony listed in Section 776.08 or 943.0435(1)(h)1.a.(l)) and the following applies:

1. No charging document was filed (sometimes called a “no file”);
2. A charging document was filed, but then the State Attorney’s Office enters a “nol pross” to drop the charges;
3. A charging document was filed but the court then dismisses the charge (unless the dismissal was related to the completion of a diversion program);
4. A “not guilty” verdict was returned at trial; or
5. The court entered a judgment of acquittal (JOA).

 Section 943.0595 doesn’t require a person to take any affirmative action or do anything to get the record sealed. Instead, the clerk is supposed to forward certified final dispositions of all eligible records to the FDLE to be processed for a seal under this statute.

Attorneys to Seal / Expunge a Criminal Record in Tampa, FL

If the clerk’s office automatically sealed your record because the charges were never filed, dropped, or otherwise dismissed, then you might still need to expunge the record to get rid of the entire criminal history including the mug shot and information on the sheriff’s office website.

The attorneys at Sammis Law Firm help clients expunge or seal a record throughout Florida. We charge a flat fee which includes any required court appearance.

Our offices are conveniently located in downtown Tampa, in Clearwater near the Criminal Justice Center (CJC) courthouse, and in New Port Richey near the West Pasco Judicial Center.

Call 813-250-0500.

Problems with the Auto-Seal of a Criminal Record in Florida

The auto-seal provision of Florida Statute Section 943.0595 does NOT require the arresting agency or the clerk of court to seal/expunge the arrest record. Instead, the seal or expunction of the arrest record only occurs through the traditional application route under 943.059 and 943.0585.

For this reason, a person might still decide to pursue the traditional judicial seal or expunction under Florida Statute Section 943.059 and 943.0585, if they want to make sure that the arrest record does not show up on a background check.

In fact, Section 943.0595(3)(b), expressly provides that the automatic sealing “does not require sealing by the court or 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.”

Although under subjection (c), the statute provides that the automatic sealing “shall have the same effect . . . as a record sealed under s. 943.059.”

Consequences of the Auto-Seal of a Criminal Record

If the clerk’s office automatically sealed your record because the charges were never filed, dropped, or otherwise dismissed, our attorneys can explain why you might still want to consider petitioning the court for a formal court-ordered expungement of the entire criminal history, including the mug shot and information on the sheriff’s office website.

The automatic sealing process requires the Clerk of Court to send a certified record to FDLE once an eligible case has been automatically sealed. FDLE then completes their office procedure for the automatic seal and then sends confirmation to the Clerk of Court for where the case originated.

Below is an example of FDLE’s Notice of Sealing that is issued once FDLE has automatically sealed your case. This document will formally be recorded in this case file and on the Clerk’s docket:

IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,                    CASE NO.: XX-XX-XXXX DIVISION: X

v.

DEFENDANT’S NAME, Defendant.

_____________________/

FLORIDA DEPARTMENT OF LAW ENFORCEMENT’S NOTICE OF SEALING CRIMINAL HISTORY RECORD

NOTICE IS GIVEN pursuant to paragraph 943.0595(3)(b) that a criminal history record on file with the Florida Department of Law Enforcement has been sealed. The identifying information for the record and the underlying case is as follows:

UCN: XXXXXXXXXXXXXXXXXXX

Defendant: Last name, first name

Arrest Date: XX-XX-XXXX

Disposition Date: XX-XX-XXX

Date of Birth: XX-XX-XXXX

Florida Department of Law Enforcement

Once this document is received and processed by the Clerk’s Office, the Clerk is then required to keep the record confidential. Although your prior case record is confidential after an automatic seal, that just means it is no longer accessible by the public. Completing a formal expungement of the record would ensure that your record is removed entirely from the Clerk, FDLE, and law enforcements data bases.

How to Obtain Documents Filed Prior to the Automatic Seal

After the automatic sealing of your case, it will no longer be accessible on the public docket. What if you or your attorney is in need of documentation filed in your case? You may sometimes be asked to provide a copy of the final disposition when applying for employment, school, etc. This document outlines the resolution of your case.

Now that your case is confidential, neither you nor your attorney will be able to request the document without a formal authorization. This document is required by the clerk’s office, which must be signed, notarized, and provided to their office with a copy of the front and back of your Driver’s License or State Issued ID in order to request and obtain any documents filed prior to the automatic seal.

An example of this authorization is below:

[DATE]

Sent via XXXXX

Clerk of Court

Attn: XXXXXXXXXX

ADDRESS CITY, STATE, ZIP

RE: State of Florida v. [Insert name of the DEFENDANT]

-Case No.: XX-XX-XXXX

 

To whom it may concern,

Please be advised that this firm has been retained to represent ___________, DEFENDANT, in regards to __________________ in the above referenced case numbers. Our office is in need of obtaining certified copies of the following:

1. Criminal Report Affidavit; and
2. Final Disposition

Below is the required signature of DEFENDANT, ___________, which has been notarized, allowing our office to obtain these documents on his behalf. Thank you in advance for your assistance.

Sincerely,

XXXXXXXXXXXX

Authorization

I, _____________ (the Defendant in the above referenced case) authorize the Sammis Law Firm, P.A., to request and obtain documents in Case No.: XX-XX-XXXX on my behalf.

___________________________________

DEFENDANT

_______________________________

DATED

STATE OF ___________________

COUNTY OF _________________

Sworn to or affirmed and signed before me on by DEFENDANT, who is ____ personally known to me or who produced __________________ as identification.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk]

This article was last updated on Tuesday, June 2, 2026.