Florida Motion to Seal Records and Documents

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US-03331BG
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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.

Florida Motion to Seal Records and Documents is a legal process that enables individuals or entities to request the sealing of certain records and documents in the state of Florida. This motion is often used to protect sensitive or confidential information from being disclosed to the public or to ensure privacy and prevent harm to individuals or businesses. Several types of Florida Motion to Seal Records and Documents exist, each serving a unique purpose and catering to specific situations. Some common types include: 1. Criminal Record Sealing Motion: Individuals who have been convicted of certain crimes in Florida may be eligible to file a motion to seal their criminal records. This motion aims to restrict public access to criminal records and can provide the opportunity for individuals to move forward with their lives without the stigma associated with a criminal history. 2. Juvenile Record Sealing Motion: Juvenile offenders who have completed their sentences or have demonstrated good behavior can file a motion to seal their juvenile records. This type of motion is designed to protect the future prospects of individuals who have made mistakes in their adolescence and provide them with a second chance by sealing their records from public view. 3. Civil Record Sealing Motion: In civil cases, parties involved can file a motion to seal certain records or documents if they contain confidential information or trade secrets. This is particularly relevant in lawsuits involving sensitive financial information, proprietary business data, or personal details that require protection from public access. 4. Family Law Record Sealing Motion: In family law cases such as divorce proceedings or child custody disputes, parties can request the sealing of records or documents to maintain the privacy and protect the best interests of the individuals involved, especially children. This motion is particularly useful in situations where public disclosure of the information may be detrimental to the welfare of those affected. 5. Business Record Sealing Motion: Companies or organizations involved in legal disputes or other circumstances may file a motion to seal specific records or documents containing proprietary information, trade secrets, or confidential business strategies. This type of motion aims to safeguard competitive advantages and prevent sensitive business information from being accessible to competitors or the public. It is important to note that the process and requirements for filing a motion to seal records and documents may vary depending on the specific circumstances and the court's jurisdiction. Consulting with an attorney experienced in Florida law is highly recommended ensuring compliance with the regulations and increase the chances of a successful motion to seal.

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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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This is the required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a Certificate of Eligibility, FDLE ... When a motion is filed pursuant to Rule of Judicial Administration 2.051(c)(9) to seal a court file, the Clerk may assess fees in accordance with section 28.24( ...You may obtain an application for a Certificate of Eligibility by downloading the application, or by emailing the FDLE Seal and Expunge Section at SEinfo@fdle. For all other matters, a party may ask the court to seal a document or entire case file based on a specific Florida or federal law or based on a reason in Rule. Jan 23, 2017 — 1. Fill in your copy of the Petition to Seal, Affidavit, and Order. You will file your Petition with the County Court for Misdemeanors or with ... After completing the Petition, you must file the original “Petition and Affidavit to Expunge or Seal” and the Certificate of Eligibility with the Clerk of the ... Sealing and Expunging Criminal Records · Step 1: Obtaining and Completing the Application · Step 2: Submit Application to the State Attorney's Office · Step 3: ... The party moving to seal or redact should file copies of the Protected Information under seal, and, to protect the public's interest, file redacted copies with ... Before you can file your petition to expunge or seal your criminal history record with the court, you must apply to the Florida Department of Law Enforcement ... Before you can file your petition to seal or expunge your criminal history record with the court, you must apply to the Florida Department of Law ...

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Florida Motion to Seal Records and Documents