Viewing a Sealed Record
What happens if you want a copy of your record after it has been sealed or expunged? Under Florida Statute, 943.0585(4), a court order is required to access expunged criminal history information:
A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s/ 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction.
You can request a personal review of your Florida criminal history by submitting your fingerprints to the Quality Control Section. A personal review will allow you to see what information FDLE has on file for you.
If the record is expunged you will receive documentation stating that a record was expunged per Florida Statute but it will not give you any details about any facts related to the arrest.
If you choose to request a personal review you will submit the request to FDLE, Attention: Quality Control Section, PO Box 1489, Tallahassee, Florida 32302.
Attorneys to Seal or Expunge Criminal Record in Florida
The attorneys at Sammis Law Firm in Tampa, FL, help clients seal or expunge a criminal history record. We help our clients get a copy of the record before the order to seal or expunge being signed, including a certified copy of the final judgment and sentence.
Contact us to find out how long it might take. Be can help you start the process today.
Procedures for Viewing a Sealed Criminal File
Administrative Order PA/PI-CIR-96-95 S0696095 for both Pasco County and Pinellas County explains the procedures to request documents from a sealed criminal file pursuant to 943.059 (4)(a), Florida Statutes.
The administrative order was signed by the Chief Judge in the courthouse chambers in St. Petersburg on the 26th day of November, 1996. Other courts throughout Florida have similar procedures in place.
Any criminal court file sealed pursuant to a court order issued in conformity with Section 943.059, Florida Statutes, is generally confidential and is exempt from the provisions of Article 1, Section 24(a) of the State Constitution and Section 119.07(1), Florida Statutes.
The only exception to this general rule is that under Section 943.059(4)(a), Florida Statutes, the clerk is authorized to release documents from sealed criminal files to certain persons, Criminal Justice agencies and other entities.
The Clerk of the Circuit Court, without the necessity of further court order, shall handle all requests directly and process such requests.
Upon request of the defendant or the defendant’s attorney, the Clerk of the Circuit Court shall allow access to the requested documents from the sealed files upon personal appearance with a valid picture identification, or upon receipt of a written sworn and notarized request.
Upon the request of Criminal Justice agencies as defined in Section 943.045(1), Florida Statutes; and those entities set forth in Sections 943.059(4)(a)1., 4., 5. and 6., Florida Statutes, for their respective licensing and employment purposes, the Clerk of the Circuit Court shall allow access to the requested documents upon receipt of a sworn statement from a duly authorized representative of such agency or entity.
This article was last updated on Thursday, October 4, 2019.