Florida May Finally Let You Seal a Misdemeanor Conviction: What HB 745 Means for You
For decades, Florida law has drawn a hard line: if you were adjudicated guilty of a crime -- even a minor misdemeanor -- your record stays with you permanently. No sealing. No expunging. No second chance. A bill moving through the Florida Legislature right now could change that for the first time.
House Bill 745 (with its Senate companion, SB 810) would allow people convicted of certain misdemeanors to petition a court to seal those records. If it passes, this would be the most significant expansion of Florida's record-sealing laws in a generation -- and it could affect thousands of Floridians who have been locked out of jobs, housing, and opportunities because of a single mistake.
Why This Matters: The Current Law Is All-or-Nothing
Under current Florida law, two statutes govern record relief: F.S. 943.0585 (expungement) and F.S. 943.059 (sealing). Both share one critical requirement -- they only apply when a court withheld adjudication, meaning the judge decided not to formally convict you.
If the judge adjudicated you guilty -- even on a first-time petty theft, a disorderly conduct, or a trespass charge -- you are permanently ineligible to seal or expunge that record. It does not matter how long ago the offense occurred, how minor it was, or how completely you've turned your life around.
The Real-World Impact
A single misdemeanor conviction from ten or twenty years ago can block employment, professional licensing, housing applications, college admissions, and volunteer opportunities. Many people don't even realize their record is visible -- until a background check stops them cold.
The distinction between a "withhold" and an "adjudication" often has nothing to do with the severity of the offense. It can come down to which judge handled the case, whether you had an attorney, or whether you accepted a quick plea deal at first appearance without understanding the long-term consequences.
What HB 745 Would Change
HB 745 would create a new pathway to seal the record of a misdemeanor conviction (adjudication of guilt). This is not a small tweak -- it is a fundamental shift in how Florida treats people who have paid their debt to society on lower-level offenses.
Key Provisions of HB 745
- Allows a person adjudicated guilty of an eligible misdemeanor to petition the court to seal the criminal history record
- Applies to first-time eligible offenses -- the person must not have prior disqualifying convictions
- Requires the petitioner to have completed all terms of the sentence, including probation, community service, and any court-ordered programs
- Requires payment of all fines, fees, court costs, and restitution
- Includes a waiting period after completion of the sentence before a petition can be filed
- Would take effect July 1, 2026, if passed and signed by the Governor
Who Would Qualify
The bill is designed for people who made a mistake, faced the consequences, and moved on. To be eligible, you would generally need to meet these criteria:
- The conviction must be for a qualifying misdemeanor -- not all misdemeanors are eligible (see exclusions below)
- You must have completed your entire sentence -- probation, jail time, community service, all of it
- All financial obligations must be satisfied -- fines, fees, costs, and restitution paid in full
- No pending criminal charges at the time of the petition
- You must satisfy the waiting period after completing your sentence before you can petition
- You must not have previously sealed or expunged a record under existing law (Florida generally limits you to one seal or expungement)
What Is Excluded
HB 745 is not a blanket amnesty. Certain categories of offenses would remain permanently ineligible for sealing, even under the new law:
Offenses That Cannot Be Sealed Under HB 745
- DUI (driving under the influence)
- Domestic violence offenses
- Stalking
- Sexual offenses
- Crimes against children
- Other offenses specifically listed as ineligible under the bill
These exclusions reflect the legislature's intent to balance second chances with public safety. If your conviction falls into one of these categories, the new law would not provide relief.
Where the Bill Stands Right Now
As of March 2026, HB 745 has passed the Criminal Justice Subcommittee and is now before the Judiciary Committee. It still needs to clear additional committee stops, pass a full vote in both the House and Senate, and be signed by the Governor before it becomes law.
Legislative Timeline
- Passed: Criminal Justice Subcommittee
- Current stop: Judiciary Committee
- Still needed: Full House vote, Senate vote (SB 810), Governor's signature
- Proposed effective date: July 1, 2026
Bills can stall, be amended, or fail at any point in this process. Nothing is guaranteed until the Governor signs it. But the fact that it has cleared its first committee with bipartisan support is a promising sign.
What You Can Do Right Now
Even if HB 745 hasn't passed yet, there are steps you can take today:
Steps to Take Now
- Get a copy of your criminal record. Request your record from FDLE to see exactly what's on it. You may be surprised by what shows up -- or what doesn't.
- Determine whether you received a withhold or an adjudication. If you received a withhold of adjudication (not a conviction), you may already qualify to seal your record under existing law. Many people don't realize they're eligible right now.
- Confirm all sentence terms are completed. If you still owe fines, have outstanding community service hours, or haven't finished probation, resolve those now. Eligibility under HB 745 would require full completion.
- Consult with a criminal defense attorney. An attorney can review your record, clarify your current eligibility, and help you prepare to file a petition the moment the new law takes effect -- if it passes.
The Private Database Problem
There's one more thing to keep in mind: even if you seal your record, it may still appear in private background check databases. Companies like Checkr, GoodHire, and others scrape court records continuously. Once your record enters their systems, a court seal order doesn't automatically remove it from their databases.
This is a known gap in Florida law, and it means that sealing your record is sometimes only the first step. You may also need to contact background check companies directly to ensure they update their records. We've written about this issue in detail -- see Sealed Records vs. Private Databases: The Gap in Florida Law.
Bottom Line
HB 745 represents a real opportunity for thousands of Floridians who have been carrying the weight of a misdemeanor conviction for years -- sometimes decades. If passed, it would be the first time Florida law allows people adjudicated guilty of a misdemeanor to petition to seal that record.
The bill hasn't passed yet, and it may be amended along the way. But the direction is clear: Florida is moving toward giving people a meaningful second chance on lower-level offenses. If you think this law could apply to you, the smartest thing you can do right now is get your record reviewed so you're ready to act the moment the opportunity arrives.
Want to Know If You Qualify?
Whether you're eligible under current law or preparing for HB 745, we'll review your criminal record and explain your options -- at no cost. Call today for a free record review consultation.
Free Consultation: 407-500-7000Related Articles
Sealing and Expunging Criminal Records in Florida
A complete guide to who qualifies, what the process looks like, and how long it takes to seal or expunge your record.
Sealed Records vs. Private Databases: The Gap in Florida Law
Why sealing your record doesn't always stop it from appearing on background checks -- and what you can do about it.
New Year, Clear Record: Your 2026 Guide to Expungement
Start the new year with a clean slate. Here's how to determine your eligibility and begin the process.
Do You Have to Tell Your Employer About an Arrest?
Your rights regarding disclosure, when you're legally required to report, and how a sealed record changes the equation.