Florida: Adult Non-Conviction Arrests (FL-NC-5)

A criminal history record will be automatically sealed when an indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(1).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08..

Procedure General

Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing, the clerk of the court shall transmit a certified copy of the disposition of the criminal history record to the department, which shall seal the criminal history record upon receipt of the certified copy.

Fees

There is no statutory language regarding fees.

Effect

The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6).

Waiting Periods

There is no waiting period.

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