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CS/HB 745 2026
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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 the sealing of criminal history 2
records; amending s. 943.059, F.S.; providing that 3
persons adjudicated guilty of certain misdemeanor 4
offenses are eligible to petition a court to seal the 5
criminal history record of such offenses; providing 6
that persons previously adjudicated guilty of certain 7
misdemeanor offenses are eligible to petition a court 8
to seal a subsequent criminal history record; revising 9
certain eligibility criteria to provide that a person 10
is eligible to petition the court to seal a criminal 11
history record if such person is no longer serving the 12
sentence to which the petition to seal pertains; 13
revising certain eligibility criteria to provide that 14
a person is eligible to petition the court to seal a 15
criminal history record if such person has never 16
secured a prior sealing or expunction related to an 17
offense for which the person was adjudicated guilty; 18
providing certain eligibility criteria for certain 19
persons who seek a subsequent sealing of a criminal 20
history record relating to an offense for which 21
adjudication was withheld; providing certain 22
eligibility criteria for certain persons who seek the 23
sealing of a criminal history record relating to an 24
offense for which the person was adjudicated guilty; 25
CS/HB 745 2026
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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
defining the term "conviction"; authorizing a court to 26
order the sealing of a criminal history record 27
pertaining to more than one adjudication of guilt if 28
the additional adjudications directly relate to the 29
original arrest, incident of criminal activity, or 30
adjudication of guilt; providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsection (1), paragraph (a) of subsection 35
(2), paragraph (c) of subsection (4), and paragraph (b) of 36
subsection (6) of section 943.059, Florida Statutes, are amended 37
to read: 38
943.059 Court-ordered sealing of criminal history 39
records.— 40
(1) ELIGIBILITY.—A person is eligible to petition a court 41
to seal a criminal history record when: 42
(a) The criminal history record is not ineligible for 43
court-ordered sealing under s. 943.0584. 44
(b)1. The person has not been adjudicated guilty of, or 45
adjudicated delinquent for committing, any of the acts stemming 46
from the arrest or alleged criminal activity to which the 47
petition to seal pertains; or 48
2. The petition to seal pertains to a misdemeanor offense 49
that the person was adjudicated guilty of and such offense was 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
not a violent offense or any of the following misdemeanor 51
offenses: 52
a. A crime of domestic violence, as defined in s. 741.28; 53
b. Driving under the influence under s. 316.193; 54
c. Violation of pretrial release related to domestic 55
violence under s. 741.29; 56
d. Violation of injunction for protection against domestic 57
violence under s. 741.31; 58
e. Violation of pretrial release related to dating 59
violence under s. 784.046; 60
f. Violation of injunction for protection against repeat 61
violence, sexual violence, or dating violence under s. 784.047; 62
g. Stalking, as defined in s. 784.048; 63
h. Violation of injunction for protection against 64
stalking or cyberstalking under s. 784.0487; 65
i. Sexual cyberharassment, as defined in s. 784.049; 66
j. Unnatural and lascivious act under s. 800.02; or 67
k. Exposure of sexual organs, as defined in s. 800.03. 68
(c)(b) The person has never, before the date the 69
application for a certificate of eligibility is filed, been 70
adjudicated guilty in this state of a criminal offense other 71
than an offense eligible for sealing under subparagraph (b)2., 72
or been adjudicated delinquent in this state for committing any 73
felony or any of the following misdemeanor offenses, unless the 74
record of such adjudication of delinquency has been expunged 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
pursuant to s. 943.0515: 76
1. Assault, as defined in s. 784.011; 77
2. Battery, as defined in s. 784.03; 78
3. Assault on a law enforcement officer, a firefighter, or 79
other specified officers, as defined in s. 784.07(2)(a); 80
4. Carrying a concealed weapon, as defined in s. 81
790.01(2); 82
5. Open carrying of a weapon, as defined in s. 790.053; 83
6. Unlawful possession or discharge of a weapon or firearm 84
at a school-sponsored event or on school property, as defined in 85
s. 790.115; 86
7. Unlawful use of destructive devices or bombs, as 87
defined in s. 790.1615(1); 88
8. Unlawful possession of a firearm by a minor, as defined 89
in s. 790.22(5); 90
9. Exposure of sexual organs, as defined in s. 800.03; 91
10. Arson, as defined in s. 806.031(1); 92
11. Petit theft, as defined in s. 812.014(3); 93
12. Neglect of a child, as defined in s. 827.03(1)(e); or 94
13. Cruelty to animals, as defined in s. 828.12(1). 95
(c) The person has not been adjudicated guilty of, or 96
adjudicated delinquent for committing, any of the acts stemming 97
from the arrest or alleged criminal activity to which the 98
petition to seal pertains. 99
(d) The person is no longer serving the sentence or under 100
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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
court supervision applicable to any the disposition of arrest or 101
alleged criminal activity to which the petition to seal 102
pertains. 103
(e) The person has never secured a prior sealing or 104
expunction of a criminal history record under this section, s. 105
943.0585, former s. 893.14, former s. 901.33, or former s. 106
943.058 related to an offense for which the person was 107
adjudicated guilty. 108
(f)1. If a person has previously secured the sealing of a 109
criminal history record relating to an offense for which an 110
adjudication of guilt was withheld and the person seeks to seal 111
a subsequent criminal history record relating to an offense for 112
which an adjudication of guilt was withheld, the person has not 113
had a conviction for a criminal offense for a period of three 114
years following the date on which a court withheld an 115
adjudication of guilt for the offense to which the subsequent 116
petition to seal pertains. 117
2. If the person seeks to seal a criminal history record 118
for an offense for which he or she was adjudicated guilty, the 119
person has not had a conviction for a criminal offense for a 120
period of 5 years following the date on which a court 121
adjudicated the person guilty. 122
123
For purposes of this paragraph, the term "conviction" has the 124
same meaning as in s. 943.0584(1). 125
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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) CERTIFICATE OF ELIGIBILITY.—Before petitioning the 126
court to seal a criminal history record, a person seeking to 127
seal a criminal history record must apply to the department for 128
a certificate of eligibility for sealing. The department shall 129
adopt rules relating to the application for and issuance of 130
certificates of eligibility for sealing. 131
(a) The department shall issue a certificate of 132
eligibility for sealing to a person who is the subject of a 133
criminal history record if that person: 134
1. Satisfies the eligibility criteria in paragraphs 135
(1)(a)-(f) (1)(a)-(e) and is not ineligible for court-ordered 136
sealing under s. 943.0584. 137
2. Has submitted to the department a certified copy of the 138
disposition of charge to which the petition pertains. 139
3. Remits a $75 processing fee to the department for 140
placement in the Department of Law Enforcement Operating Trust 141
Fund, unless the executive director waives such fee. 142
(b) A certificate of eligibility for sealing is valid for 143
12 months after the date stamped on the certificate when issued 144
by the department. After that time, the petitioner must reapply 145
to the department for a new certificate of eligibility. The 146
status of the applicant and the law in effect at the time of the 147
renewal application determine the petitioner's eligibility. 148
(4) COURT AUTHORITY.— 149
(c) The court may order the sealing of a criminal history 150
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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
record pertaining to one adjudication of guilt arrest or one 151
incident of alleged criminal activity only, except the court may 152
order the sealing of a criminal history record pertaining to 153
more than one adjudication of guilt arrest if the additional 154
adjudications of guilt arrests directly relate to the original 155
arrest, original incident of criminal activity, or original 156
adjudication of guilt. If the court intends to order the sealing 157
of records pertaining to such additional adjudications of guilt 158
arrests, such intent must be specified in the order. A criminal 159
justice agency may not seal any record pertaining to such 160
additional adjudications of guilt arrests if the order to seal 161
does not articulate the intention of the court to seal a record 162
pertaining to more than one adjudication of guilt arrest. This 163
section does not prevent the court from ordering the sealing of 164
only a portion of a criminal history record pertaining to one 165
arrest or one incident of alleged criminal activity. 166
(6) EFFECT OF ORDER.— 167
(b) The subject of the criminal history record sealed 168
under this section or under other provisions of law, including 169
former ss. 893.14, 901.33, and 943.058, may lawfully deny or 170
fail to acknowledge the arrests or adjudications of guilt 171
covered by the sealed record, except when the subject of the 172
record: 173
1. Is a candidate for employment with a criminal justice 174
agency; 175
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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. Is a defendant in a criminal prosecution; 176
3. Concurrently or subsequently petitions for relief under 177
this section, s. 943.0583, or s. 943.0585; 178
4. Is a candidate for admission to The Florida Bar; 179
5. Is seeking to be employed or licensed by or to contract 180
with the Department of Children and Families, the Division of 181
Vocational Rehabilitation within the Department of Education, 182
the Agency for Health Care Administration, the Agency for 183
Persons with Disabilities, the Department of Health, the 184
Department of Elderly Affairs, or the Department of Juvenile 185
Justice or to be employed or used by such contractor or licensee 186
in a sensitive position having direct contact with children, the 187
disabled, or the elderly; 188
6.a. Is seeking to be employed or licensed by, or contract 189
with, the Department of Education, a district unit under s. 190
1001.30, a special district unit under s. 1011.24, the Florida 191
School for the Deaf and the Blind under s. 1002.36, the Florida 192
Virtual School under s. 1002.37, a virtual instruction program 193
under s. 1002.45, a charter school under s. 1002.33, a hope 194
operator under s. 1002.333, an alternative school under s. 195
1008.341, a private or parochial school, or a local governmental 196
entity that licenses child care facilities; 197
b. Is seeking to be employed or used by a contractor or 198
licensee under sub-subparagraph a.; or 199
c. Is a person screened under s. 1012.467; 200
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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
7. Is attempting to purchase a firearm from a licensed 201
importer, licensed manufacturer, or licensed dealer and is 202
subject to a criminal history check under state or federal law; 203
8. Is seeking to be licensed by the Division of Insurance 204
Agent and Agency Services within the Department of Financial 205
Services; 206
9. Is seeking to be appointed as a guardian pursuant to s. 207
744.3125; or 208
10. Is seeking to be licensed by the Bureau of License 209
Issuance of the Division of Licensing within the Department of 210
Agriculture and Consumer Services to carry a concealed weapon or 211
concealed firearm. This subparagraph applies only in the 212
determination of an applicant's eligibility under s. 790.06. 213
Section 2. This act shall take effect July 1, 2026. 214