Florida Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

The law prohibits the use of recordings obtained through eavesdropping in litigation where those recordings were ?intercepted? without the consent of the victim. Fla. Stat. § 943.03 ? Interception and disclosure of wire, oral, or electronic communications prohibited.

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 specified persons, Criminal Justice agencies, and other entities.

Technically, sealing a record makes it non-public only. However, the record is still maintained and can be accessed with a court order. When a record is expunged, an order is entered directing law enforcement and the courts to ?expunge? the record.

Florida Statute 943.0595 provides for the automatic sealing of most nonjudicial criminal arrest records that were completely dismissed.

When a criminal history record is sealed or expunged, the public will not have access to it. Certain governmental or related entities, primarily those listed in Section 943.059(4)(a), F.S, have access to the sealed record information in its entirety.

To seal a record in Florida, an applicant must meet the following eligibility requirements: No prior adjudications of guilt for any criminal offense or comparable ordinance violation, and no prior adjudications of delinquency (juvenile cases) for any criminal act outlined in Florida Statutes Section 943.051(3)(b);

Criminal Procedure and Corrections § 934.03. Interception and disclosure of wire, oral, or electronic communications prohibited.

Automatic Sealing ? the criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes.

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Florida Motion to Seal Records and Documents