Record Sealing

Criminal Record Sealing in Brevard County, Florida How Florida Handles Record Sealing In Brevard County, criminal record sealing is governed by section 943.059, Florida Statutes, and administered through the Florida Department of Law Enforcement (FDLE). Eligible cases are filed in the clerk’s office for the 18th Judicial Circuit, typically in Viera, with judicial review required before any record is sealed. Once sealed, arrest and court records are removed from public access but retained for limited governmental use. What the State Must Determine for Eligibility To qualify for record sealing, the individual must not have been adjudicated guilty of the offense sought to be sealed and must meet statutory eligibility requirements verified by FDLE. Certain offenses are categorically disqualified from sealing, and prior criminal history is reviewed to confirm compliance with Florida’s one-time sealing limitation. The court must determine that the statutory criteria are satisfied before granting relief. How Record Sealing Differs From Expungement Record sealing restricts public access to criminal history information while allowing disclosure to specific law enforcement and regulatory agencies. Expungement, governed by section 943.0585, Florida Statutes, results in destruction of the criminal record except for a single retained copy held by FDLE. The distinction affects future disclosures, background checks, and eligibility for licenses, certifications, and government clearances. Procedural and Evidentiary Issues The record sealing process requires submission of a certificate of eligibility from FDLE, followed by a formal petition to the court. Errors in filings, incomplete disclosures, or ineligible charges can result in denial, sometimes with prejudice. Courts in the 18th Judicial Circuit strictly enforce statutory compliance and documentation requirements. Timeline and Processing Considerations FDLE background review and issuance of a certificate of eligibility can take several months before a petition may be filed. After filing, judicial review and entry of an order may add additional time depending on court scheduling and objections. The overall process commonly extends up to six months or longer from initial application to final disposition. Limitations on Multiple Arrests Florida law generally permits sealing or expungement of only one criminal episode in a person’s lifetime. Multiple charges arising from the same arrest or directly related proceedings may be sealed together as a single record. Separate, unrelated arrests are not eligible for multiple sealing petitions. Statutory Classification and Background Record sealing and expungement are civil remedies designed to limit public access to criminal history information, not to vacate or dismiss charges. Eligibility, scope, and effect are strictly defined by statute and interpreted through Florida appellate precedent. In Brevard County, these remedies are frequently sought following dismissals, no-file decisions, or withheld adjudications.