HB 325 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to court -ordered sealing of criminal 2
history records; amending s. 943.059, F.S.; revising 3
eligibility requirements for the court-ordered sealing 4
of certain criminal history records; authorizing 5
courts to seal additional adjudications of guilt in 6
certain circumstances; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsection (1), pa ragraph (c) of subsection 11
(4), and paragraph (b) of subsection (6) of section 943.059, 12
Florida Statutes, are amended to read: 13
943.059 Court-ordered sealing of criminal history 14
records.— 15
(1) ELIGIBILITY.—A person is eligible to petition a court 16
to seal a criminal history record when: 17
(a) The criminal history record is not ineligible for 18
court-ordered sealing under s. 943.0584. 19
(b) The criminal history record for which the person seeks 20
a court-ordered sealing is: 21
1. Not related to an offense for whi ch the person was 22
adjudicated guilty of, or adjudicated delinquent for committing, 23
any of the acts stemming from the arrest or alleged criminal 24
activity to which the petition to seal pertains; or 25
HB 325 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Related to a misdemeanor offense for which the person 26
was adjudicated guilty if the misdemeanor offense was not a 27
violent offense; a misdemeanor crime of domestic violence, as 28
defined in s. 741.28; or a misdemeanor violation of s. 741.29, 29
s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or 30
s. 784.049. 31
(c)(b) The person has never, before the date the 32
application for a certificate of eligibility is filed, been 33
adjudicated guilty in this state of a criminal offense other 34
than an offense eligible for sealing under subparagraph (b)2. , 35
or been adjudicated delinquent in this state for committing any 36
felony or any of the following misdemeanor offenses, unless the 37
record of such adjudication of delinquency has been expunged 38
pursuant to s. 943.0515: 39
1. Assault, as defined in s. 784.011; 40
2. Battery, as defined in s. 784.03; 41
3. Assault on a law enforcement officer, a firefighter, or 42
other specified officers, as defined in s. 784.07(2)(a); 43
4. Carrying a concealed weapon, as defined in s. 44
790.01(2); 45
5. Open carrying of a weapon, as defined in s. 790.053; 46
6. Unlawful possession or discharge of a weapon or firearm 47
at a school-sponsored event or on school property, as defined in 48
s. 790.115; 49
7. Unlawful use of destructive devices or bombs, as 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defined in s. 790.1615(1); 51
8. Unlawful possession of a firear m by a minor, as defined 52
in s. 790.22(5); 53
9. Exposure of sexual organs, as defined in s. 800.03; 54
10. Arson, as defined in s. 806.031(1); 55
11. Petit theft, as defined in s. 812.014(3); 56
12. Neglect of a child, as defined in s. 827.03(1)(e); or 57
13. Cruelty to animals, as defined in s. 828.12(1). 58
(c) The person has not been adjudicated guilty of, or 59
adjudicated delinquent for committing, any of the acts stemming 60
from the arrest or alleged criminal activity to which the 61
petition to seal pertains. 62
(d) The person is no longer serving the sentence or under 63
court supervision applicable to any the disposition of arrest or 64
alleged criminal activity to which the petition to seal 65
pertains. 66
(e) The person has not on more than two occasions never 67
secured a prior sealing or expunction of a criminal history 68
record under this section, s. 943.0585, former s. 893.14, former 69
s. 901.33, or former s. 943.058. In addition, if the criminal 70
history record is one for which the person was adjudicated 71
guilty, the person ha s not secured a prior sealing of a criminal 72
history record for which the person was adjudicated guilty. 73
(4) COURT AUTHORITY. — 74
(c) The court may order the sealing of criminal history 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
records as follows: 76
1. The court may order the sealing of a criminal history 77
record pertaining to one arrest or one incident of alleged 78
criminal activity only, except the court may order the sealing 79
of a criminal history record pertaining to more than one arrest 80
if the additional arrests directly relate to the original 81
arrest. If the court intends to order the sealing of records 82
pertaining to such additional arrests, such intent must be 83
specified in the order. A criminal justice agency may not seal 84
any record pertaining to such additional arrests if the order to 85
seal does not articulate the intention of the court to seal a 86
record pertaining to more than one arrest. This section does not 87
prevent the court from ordering the sealing of only a portion of 88
a criminal history record pertaining to one arrest or one 89
incident of alleged criminal activity. 90
2. The court may order the sealing of a criminal history 91
record pertaining to not more than three records of adjudication 92
of guilt, except the court may order the sealing of a criminal 93
history record pertaining to additional adjudic ations of guilt 94
if the additional adjudications of guilt directly relate to the 95
original adjudication of guilt. If the court intends to order 96
the sealing of records pertaining to such additional 97
adjudications of guilt, such intent must be specified in the 98
order. A criminal justice agency may not seal any record 99
pertaining to such additional adjudications of guilt if the 100
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order to seal does not articulate the intention of the court to 101
seal a record pertaining to more than one adjudication of guilt. 102
This subparagraph does not prevent the court from ordering the 103
sealing of only a portion of a criminal history record 104
pertaining to one adjudication of guilt or one incident of 105
alleged criminal activity. 106
(6) EFFECT OF ORDER. — 107
(b) The subject of the criminal hist ory record sealed 108
under this section or under other provisions of law, including 109
former ss. 893.14, 901.33, and 943.058, may lawfully deny or 110
fail to acknowledge the arrests or adjudications of guilt 111
covered by the sealed record, except when the subject of the 112
record: 113
1. Is a candidate for employment with a criminal justice 114
agency; 115
2. Is a defendant in a criminal prosecution; 116
3. Concurrently or subsequently petitions for relief under 117
this section, s. 943.0583, or s. 943.0585; 118
4. Is a candidate for a dmission to The Florida Bar; 119
5. Is seeking to be employed or licensed by or to contract 120
with the Department of Children and Families, the Division of 121
Vocational Rehabilitation within the Department of Education, 122
the Agency for Health Care Administration, the Agency for 123
Persons with Disabilities, the Department of Health, the 124
Department of Elderly Affairs, or the Department of Juvenile 125
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Justice or to be employed or used by such contractor or licensee 126
in a sensitive position having direct contact with childr en, the 127
disabled, or the elderly; 128
6.a. Is seeking to be employed or licensed by, or contract 129
with, the Department of Education, a district unit under s. 130
1001.30, a special district unit under s. 1011.24, the Florida 131
School for the Deaf and the Blind unde r s. 1002.36, the Florida 132
Virtual School under s. 1002.37, a virtual instruction program 133
under s. 1002.45, a charter school under s. 1002.33, a hope 134
operator under s. 1002.333, an alternative school under s. 135
1008.341, a private or parochial school, or a lo cal governmental 136
entity that licenses child care facilities; 137
b. Is seeking to be employed or used by a contractor or 138
licensee under sub-subparagraph a.; or 139
c. Is a person screened under s. 1012.467; 140
7. Is attempting to purchase a firearm from a licen sed 141
importer, licensed manufacturer, or licensed dealer and is 142
subject to a criminal history check under state or federal law; 143
8. Is seeking to be licensed by the Division of Insurance 144
Agent and Agency Services within the Department of Financial 145
Services; 146
9. Is seeking to be appointed as a guardian pursuant to s. 147
744.3125; or 148
10. Is seeking to be licensed by the Bureau of License 149
Issuance of the Division of Licensing within the Department of 150
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Agriculture and Consumer Services to carry a concealed weapon or 151
concealed firearm. This subparagraph applies only in the 152
determination of an applicant's eligibility under s. 790.06. 153
Section 2. This act shall take effect July 1, 2025. 154