Court-Ordered Sealing of Criminal Records — Florida § 943.059

Did Your Withhold of Adjudication Leave an Arrest on Your Record?

The judge withheld adjudication. The prosecutor agreed. You completed probation, paid the fines, stayed clean. But the arrest is still on your record, and it keeps showing up on background checks. Jobs go to someone else. Apartment applications come back denied. That is not justice — that is the system continuing to punish you after you already held up your end of the deal.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Florida Statute § 943.059 exists for exactly this situation. I have helped hundreds of clients in Polk, Highlands, and Hardee Counties seal records that were costing them opportunities every single day. Here is how it works and whether it can work for you.

What Does Court-Ordered Sealing Do Under Florida § 943.059?

When a court orders your record sealed under § 943.059, the record becomes confidential under Florida law. The agencies holding it — FDLE, the clerk of court, local law enforcement — must maintain it separately from public records. A standard background check will not return it. Most employers, landlords, and licensing boards will see nothing.

The record is not destroyed. It still exists in FDLE’s system, and certain parties retain the right to access it. But for most purposes — employment, housing, professional licensing — you are looking at a clean result.

Who Can Still See a Sealed Record Under Florida Law?

Florida law specifically authorizes the following to access sealed records:

• All criminal justice agencies (law enforcement, State Attorney’s office, courts, corrections)
• Judges presiding over any related criminal proceeding
• Employers hiring for positions in law enforcement or corrections
• Employers hiring court employees in specified roles
• Employers hiring for positions in Florida’s public schools or school districts
• Seaport employees and contractors in certain roles
• Other entities authorized by Florida statute to receive sealed record information

For most private employers, landlords, background check services, and professional licensing boards not in these categories, a sealed record does not appear.

Who Qualifies for Court-Ordered Sealing Under § 943.059, Florida Statutes?

Florida law requires every one of these conditions to be met. If you are missing any single element, you do not qualify under this statute.

What Are the Five Core Requirements for Sealing?

1. Withhold of adjudication on the offense being sealed. You must not have been adjudicated guilty of the crime you want sealed. The judge must have withheld adjudication after your plea.
2. No prior adjudications of guilt for any criminal offense in Florida. Any prior adjudication of guilt anywhere in your Florida record — a DUI, a misdemeanor, anything — disqualifies you.
3. No adjudication of delinquency as a juvenile for any felony or any of the 13 listed misdemeanors. Florida law lists 13 specific juvenile misdemeanor offenses that trigger disqualification (see FAQ below).
4. No longer under court supervision. Probation, community control, and any other court-ordered supervision on any offense must all be completed.
5. Never previously sealed or expunged a record in Florida. Court-ordered sealing is a one-time remedy under Florida law. If you have previously sealed or expunged any record in this state, you do not qualify again through the court-ordered process.

Is Your Offense Eligible for Sealing?

Certain offenses are permanently ineligible for sealing regardless of the case outcome. These are listed in § 943.0584 and include serious violent offenses, sex offenses requiring registration, and other enumerated crimes. If the arrest you want to seal involved one of those offenses, court-ordered sealing is not available — but other options may exist depending on your circumstances.

Which 13 Juvenile Misdemeanors Disqualify You from Sealing Under Florida Law?

Under § 943.059, if you were adjudicated delinquent as a juvenile for any of these offenses, you cannot petition for court-ordered sealing:

• Assault — § 784.011
• Battery — § 784.03
• Assault on a law enforcement officer — § 784.07(2)(a)
• Carrying a concealed weapon — § 790.01(2)
• Open carrying of a weapon — § 790.053
• Possessing or discharging a weapon at a school — § 790.115
• Possession of a destructive device — § 790.1615(1)
• Minor in possession of a firearm — § 790.22(5)
• Indecent exposure — § 800.03
• Arson — § 806.031(1)
• Petit theft — § 812.014(3)
• Child neglect — § 827.03(1)(e)
• Animal cruelty — § 828.12(1)

How Does the Court-Ordered Sealing Process Work, Step by Step?

Step 1 — Apply to FDLE for a Certificate of Eligibility

You cannot petition the court until FDLE certifies you are eligible. Submit the FDLE application with a $75 processing fee and a certified copy of your disposition from the clerk of court in the county where the arrest occurred. FDLE will verify your criminal history and eligibility.

Step 2 — Wait for the Certificate

FDLE processes applications in approximately 12 weeks. Once issued, the Certificate of Eligibility is valid for 12 months. You must file your court petition before the certificate expires.

Step 3 — File the Petition in Circuit Court

File your sealing petition in the circuit court of the county where the arrest occurred. Include the FDLE Certificate, a certified disposition, and any other required documentation. Pay the court filing fee. In Polk County, petitions are filed with the Clerk of the Circuit Court in Bartow.

Step 4 — Serve the Required Parties

Florida law requires you to serve copies of the petition on the State Attorney’s office for the circuit, the arresting law enforcement agency, and FDLE.

Step 5 — Attend a Hearing If Required

If the State Attorney objects, the court will schedule a hearing. If there is no objection, many courts rule on the petition without requiring you to appear. Having an attorney who knows how each circuit handles these petitions makes a difference.

Step 6 — Receive the Court Order

Once the judge signs the order, it is served on FDLE and the relevant agencies. They have 60 days to seal their records. FDLE updates its system to reflect the sealed status. From that point forward, the record is confidential.

What Are the Most Common Reasons FDLE Rejects a Sealing Application?

FDLE denies a significant percentage of sealing applications, often for reasons the applicant never anticipated. Here are the most common rejection reasons I see in my Bartow practice:

• Prior conviction discovered during the background check. FDLE runs a complete criminal history. A misdemeanor conviction from years ago in another county — one the client had forgotten or did not think counted — disqualifies the application. FDLE checks under every name variation and across all Florida jurisdictions.
• Incorrect case number or court information on the disposition copy. Minor documentation errors cause rejections. The certified disposition must match the exact case FDLE has on record.
• Fingerprint cards rejected as unreadable. FDLE requires fingerprint cards taken by a certified technician. Cards that are smudged, improperly rolled, or otherwise unreadable are rejected and must be resubmitted.
• Still under court supervision. FDLE checks your supervision status directly. If probation has not terminated, the application is denied automatically.
• Prior sealing or expungement found. FDLE cross-checks its own database. A prior sealing in Florida — even from years ago, even if you have since moved — disqualifies you from a second court-ordered sealing.

Getting the FDLE application right the first time saves 12 weeks of additional processing time, which is why I handle it for clients myself.

What Happens to Your Criminal Record After It Is Sealed in Florida?

FDLE maintains the sealed record in a separate confidential file. It remains in the system but is inaccessible to the public. When a standard criminal background check runs your name, FDLE returns no record. Agencies with authorized access — law enforcement and certain employers described above — can still retrieve it.

If you later apply for a job that requires a background check by one of the authorized employer categories, you may still need to disclose the record. If you apply for a law enforcement position, for example, the sealed record will appear in their search. Be strategic about this — it matters which jobs you are pursuing.

Is Sealing or Expungement the Right Path for Your Case?

Court-ordered sealing is the right path when your case ended in a withhold of adjudication. If your charges were dropped, dismissed, or resulted in a not-guilty verdict, you may qualify for expungement instead — which is stronger relief. See the full comparison here.

If your record has been sealed for 10 or more years, you may now be eligible to petition for expungement under § 943.0585 even with the original withhold of adjudication. For the full overview of every record relief pathway available under Florida law, see the Florida Seal and Expunge hub page.

Frequently Asked Questions

What is a withhold of adjudication and why does it matter for sealing?

A withhold of adjudication means the judge accepted your plea but withheld a formal finding of guilt. Florida treats this differently from a conviction. It is the critical threshold that makes court-ordered sealing available under § 943.059. Without it — if the judge adjudicated you guilty — sealing is not available regardless of the offense.

Can I seal my record if I was adjudicated guilty of another offense years ago?

No. The statute requires that you have never been adjudicated guilty of any criminal offense in Florida. A prior misdemeanor conviction, a prior DUI adjudication, anything — it disqualifies you. There is no exception for age or elapsed time.

Who can still see my sealed record?

Criminal justice agencies — law enforcement, prosecutors, courts, corrections — always retain access. Florida statute also authorizes certain employers to see sealed records: agencies hiring for law enforcement, corrections, court positions, school employees, and seaport workers in specified roles.

What are the 13 juvenile offenses that disqualify me from sealing?

If you were adjudicated delinquent as a juvenile for assault, battery, assault on a law enforcement officer, carrying a concealed weapon, open carry, weapon at school, destructive device possession, minor in possession of firearm, indecent exposure, arson, petit theft, child neglect, or animal cruelty — you cannot petition for court-ordered sealing. These are listed in § 943.059 by specific statute number.

Can I seal my record while still on probation?

No. You must complete all court supervision before you can petition. That includes probation, community control, and any other court-ordered condition. Once supervision ends, you can apply to FDLE immediately after your supervision terminates.

What are the most common reasons FDLE rejects a sealing application?

FDLE denials most often stem from: a prior conviction discovered during the background check, incorrect documentation, fingerprint cards rejected as unreadable, being still under supervision, or a prior sealing or expungement already on record. I handle the FDLE application for my clients specifically to catch these issues before they cause a rejection and a 12-week delay.

How Does Court-Ordered Sealing Affect Employment in Florida?

After your record is sealed under § 943.059, the practical employment impact is significant for most job searches. When a private employer runs a standard background check through FDLE’s public records system, the sealed arrest does not appear. Most commercial background screening companies — Checkr, HireRight, Sterling, GoodHire — query FDLE and will return a clean result.

The exceptions matter, though. If you are applying for any of the following, the sealed record may appear or must be disclosed:

• Law enforcement jobs: Any position as a police officer, sheriff’s deputy, or law enforcement officer in Florida — hiring agencies have statutory access to sealed records.
• Corrections officer positions: The Florida Department of Corrections and county jail employers have access to sealed records.
• School board employment: Schools and school districts in Florida run background checks that access sealed records for positions involving contact with students.
• Court employment: Certain positions within the court system have access to sealed records.
• Florida Bar membership: The character and fitness inquiry for Bar admission specifically asks about sealed and expunged records.

My recommendation to every sealing client: be strategic about job applications. If you are not pursuing any of these fields, sealing provides strong practical protection. If you are, understand that the sealed record exists and plan accordingly.

How Long Does a Sealed Record Stay in the Florida System?

A sealed record under § 943.059 remains in FDLE’s system indefinitely unless it is later expunged. The record does not automatically expire or disappear after a number of years. However, after the record has been sealed for 10 or more years, you may become eligible to petition for expungement under § 943.0585(1)(h) — which would physically destroy the record rather than simply restrict access to it.

If the underlying offense and all other eligibility requirements are met, the 10-year post-sealing period opens the door to upgrading from a sealed record to a fully expunged one. I discuss this timeline with every sealing client at the outset so they understand both the immediate benefit and the long-term potential.