The 2023 Florida Statutes (including Special Session C)
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. . . I have never secured a prior records expunction or sealing under any law under section 943.0585 or 943.059 . . . ________, ) ) Defendant/Petitioner ) _____________________________ ) ORDER TO EXPUNGE UNDER SECTION 943.0585 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 , or 943.059 . . .
. . . Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.0585 . . .
. . . under section 893.135, and therefore was prohibited from having his record sealed pursuant to sections 943.0585 . . .
. . . expunge criminal history records is governed by Florida Rule of -Criminal Procedure 3,692 and section 943.0585 . . . Where a petition substantially complies with all of the -section 943.0585 requirements, the petitioner . . . of the acts stemming from the arrest or alleged criminal activity to which the petition pertains,” § 943.0585 . . . This is reflected in section 943.0585, which effectively bars the expunction of any charges that proceeded . . . See § 943.0585(2)(a)2., Fla. Stat. (2014). . . . .
. . . Human Trafficking Victim), to change the statutory reference in the title of the form from section 943.0585 . . . attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and section . 943.0585 . . . The petitioner has not secured a pri- or records expunction or sealing under section 943.0585, or 943.059 . . .
. . . See § 943.0585(2), Fla. Stat. (2015). . . .
. . . According to the report, the amendment is intended to conform the rule to recent amendments to section 943.0585 . . . Change] 2014 Revision: Amends subdivision (a)(1)(A) to conform to sections 744.309(3), 943.0583, and 943.0585 . . . Human trafficking victim expunction. §■943.0585, Fla. Stat. . . .
. . . The Committee responds that the comment’s distinction between section 943.0583 and sections 943.0585- . . . ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM, UNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE . . .
. . . UNDER SECTION 943.0585. FLORIDA STATUTES. . . .
. . . action on her motion because she could not provide a certificate of eligibility as required by section 943.0585 . . . Section 943.0585 requires a person to obtain a certificate of eligibility from the Florida Department . . .
. . . Section 943.0585, Florida Statutes (2009), governs the expunction of non-judicial criminal history records . . .
. . . . § 943.0585. . . .
. . . We note that section 943.0585, Florida Statutes (2009), provides that a court can order a criminal justice . . .
. . . . § 943.0585 (2009) (allowing a court of competent jurisdiction to order the expunction of a criminal . . .
. . . to expunge certain criminal records pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.0585 . . . The trial court’s order denying Fisher’s petition stated merely that section 943.0585 provides that expunction . . . nonjudicial criminal history records set forth in Florida Rule of Criminal Procedure 3.692 and section 943.0585 . . . Fisher's petition cited section 943.0585, Florida Statutes (2007), which concerns ex-punction of records . . .
. . . his arrest on June 26, 2008, denied his petition to have the records expunged, pursuant to section 943.0585 . . . The petition and attachments conform with the requirements of section 943.0585 and rule 3.692. . . . Section 943.0585 makes clear, however, that it “does not confer any right to the expunction of any criminal . . . “[W]here a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial . . . Section 943.0585, Florida Statutes (Supp. 1998), relates to the expungement of criminal history records . . .
. . . nonjudicial criminal history records is governed by Florida Rule of Criminal Procedure 3.692 and section 943.0585 . . . Harman, even where a petitioner has satisfied all of the statutory requirements, section 943.0585 gives . . .
. . . See §§ 943.0585, 943.059, Florida Statutes (2008). It is impossible to determine from Ms. . . .
. . . even though Kanji’s petition and accompanying documents satisfied the criteria set forth in section 943.0585 . . . As required by section 943.0585 and Rule 3.692, the petition was accompanied by a certificate of eligibility . . . Although section 943.0585 provides that “any request for expunction of a criminal history record may . . .
. . . to seal her criminal record pursuant to rule 3.692, Florida Rules of Criminal Procedure, and section 943.0585 . . .
. . . stated that the case and charges against her would not be subject to expunction pursuant to section 943.0585 . . . that the case and charges referred to herein shall not be subject to expungement pursuant to Section 943.0585 . . . Section 943.0585(4)(a), relating to the effect of criminal history record expunction, provides: The person . . .
. . . Rigau argues that the trial court’s authority to seal these records is found in sections 943.0585 and . . . Sections 943.0585 and 943.059 specifically refer to the sealing and expunging of “criminal history information . . . suspension of a license is not criminal in nature, these records do not fall within the scope of sections 943.0585 . . .
. . . The FDLE complied, relying primarily upon section 943.0585(2)(e) of the Florida Statutes (1999), which . . . Section 943.0585 of the Florida Statutes controls the expunction of nonjudicial criminal history records . . . See § 943.0585, Fla. . . . We have previously held that section 943.0585 of the Florida Statutes, which mandates the issuance of . . . See § 943.0585(2), Fla. Stat. (2002). . . .
. . . scoresheets, s. 921.142(2), F.S., relating to sentencing for capital drug trafficking felonies, s. 943.0585 . . .
. . . See § 943.0585(2), Fla. Stat. (2003). . . . See id. § 943.0585(2)3. . . . Subsection 943.0585(2), Florida Statutes, lists the requirements for the FDLE to follow in issuing a . . . See id. § 943.0585(2)(a)3. The present case involves the third category. . . . Id. § 943.0585(2)(a)3. (emphasis added). . . .
. . . Section 943.0585, Florida Statutes (2000), provides that the courts “shall not order a criminal justice . . .
. . . Section 943.0585(2), Florida Statutes (2002) relates to the expunction of criminal history records, and . . .
. . . . § 943.0585 Fla. Stat. . . . Section 943.0585(1) provides that a petition to expunge a criminal record is complete only when accompanied . . .
. . . seal his records instead of granting his petition to expunge his criminal history record under section 943.0585 . . . Any person who complies with the requirements of section 943.0585 may petition the court for the expunction . . .
. . . order summarily denying her petition to expunge and seal certain criminal records pursuant to section 943.0585 . . . In its response filed below, the State conceded that Wells had substantially complied with section 943.0585 . . . and 3.989, advised the court of its discretion to grant or deny Wells’s petition pursuant to section 943.0585 . . . We recognize that section 943.0585, Florida Statutes (2000) provides: "This section does not confer any . . .
. . . issue a certificate of eligibility for expunction of his criminal history record pursuant to section 943.0585 . . . In its response, the Department asserted that section 943.0585, Florida Statutes, precluded it from issuing . . . Section 943.0585, Florida Statutes (Supp.1998), authorizes “[a]ny court of competent jurisdiction [to . . . The requirements for a certificate of eligibility are set out in section 943.0585(2). . . . (creating section 943.0585, Florida Statutes, subsection 2 of which required a person seeking to expunge . . .
. . . All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by written petition-imwrlting . . . ORDER TO EXPUNGE PURSUANT ROUNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE . . . County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate . . . criminal activity to which this petitioner pertains in accordance with the procedures set forth in section 943.0585 . . . The petitioner has not secured a pri- or records expunction or sealing under section 943.0585, or 943.059 . . .
. . . Section 943.0585, Florida Statutes (Supp.1998), relates to the expungement of criminal history records . . . Before the legislature amended section 943.058, Florida Statutes, the predecessor to section 943.0585 . . . On the merits, we conclude that the trial court misconstrued section 943.0585 in that the court held . . . The court noted that section 943.0585(l)(b)(2), pertaining to the necessary contents of a petition to . . . § 943.0585, Fla. Slat. (Supp. 1998). . . .
. . . All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing . . . failure to follow the procedure established in Florida Rule of Criminal Procedure 3.692 and sections 943.0585 . . .
. . . The lower .court found that the Appellant failed to meet the statutory requirements of section 943.0585 . . . The trial court denied the Appellant’s Motion to Compel based upon sections 943.0585(2)(d) and (e), Florida . . . See § 943.0585(2)(d), Fla. Stat. (1997). . . . The Appellant argued that section 943.0585(2)(d) required that the defendant have not been adjudicated . . . Subsequent to the Appellant’s petition for expungement the Florida Legislature amended section 943.0585 . . .
. . . See § 943.0585(2), Fla. Stat. (1999). . . . See § 943.0585(2)(h), Fla. Stat. (1999). REVERSED AND REMANDED. POLEN and GROSS, JJ., concur. . . .
. . . seal his records instead of granting his petition to expunge his criminal history record under section 943.0585 . . . Any person who complies with the requirements of section 943.0585 may petition the court for the expunction . . .
. . . We also affirm as to Appellant’s claim under section 943.0585. . . .
. . . expunge her criminal records pursuant to Florida Rule of Criminal Procedure 3.692 (1994) and section 943.0585 . . . FDLE stated that, under authority of paragraph 943.0585(3)(d), Florida Statutes, the agency declined . . . Paragraph 943.0585(3)(d) provides: (d) On or after July 1, 1992, the department or any other criminal . . . The court rejected FDLE’s argument that under paragraph 943.0585(3)(d), Florida Statutes, it did not . . . The first sentence of paragraph 943.0585(3)(d) states that “[o]n or after July 1,1992, the department . . .
. . . a certificate of eligibility from the Florida Department of Law Enforcement as required by section 943.0585 . . . Section 943.0585 provides that the courts of this state “shad not order a criminal justice agency to . . . ’s objection, the trial court concluded that, to the extent rule 8.692 is inconsistent with section 943.0585 . . . petition to expunge a criminal history record may not be granted until the conditions precedent in section 943.0585 . . .
. . . section 943.058, Florida Statutes (1991) (governing petitions to expunge and seal), and enacted sections 943.0585 . . . specified criminal history records held in nonjudicial agencies are eligible for expunction or sealing. §§ 943.0585 . . . All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing . . . records be accompanied by a certificate of eligibility from FDLE incorporating new provisions of sections 943.0585 . . .
. . . See § 943.0585, Fla.Stat. (1995); Fla.R.Crim.P. 3.692. . . .
. . . The petition also refers to section 943.0585, Florida Statutes (1993), which addresses the ex-punction . . . we are not required to determine the constitutionality of the similar statutory provision in section 943.0585 . . .
. . . Seal alleging 1) that J.W. had not applied for a certificate of eligibility as required by sections 943.0585 . . . records is a matter as to which subject-matter jurisdiction has been vested in the circuit court. §§ 943.0585 . . .
. . . All relief sought by reason of Ssections 943.0585-943.-059, Florida Statutes-41984), shall be by petition . . . ORDER TO EXPUNGE PURSUANT TO FLORIDA STATUTESECTION 943.0585, FLORIDA STATUTES AND ERCPFLORIDA RULE OF . . . and the Sheriff of_County, who will comply with the procedures set forth in Florida Statutesection 943.0585 . . . Hhonorable Geourt, pursuant to Florida Rule of Criminal Procedure 3.692* and Florida Statutesection_ 943.0585 . . . tThe Defendantpetitioner has not secured a prior records expunction or sealing under this-Ssection 943.0585 . . .
. . . The Committee’s proposed amendments to these rules incorporate the new provisions of sections 943.0585 . . . To the extent the procedural aspects of sections 943.0585, .059, Florida Statutes (Supp.1992), are inconsistent . . . . §§ 943.0585, 943.059, Fla.Stat. (1992). . . . eliminating some of the other substantive prerequisites for sealing or expunction because sections 943.0585 . . . All relief sought by reason of Ssections 943.0585-943.-059, Florida Statutes (-1984), shall be by petition . . .
. . . . § 943.0585(2)(d), Fla.Stat. (Supp.1992); § 943.058(2)(a), Fla.Stat. (1991). . . .
. . . Ch. 92-73, §§ 3-5, Laws of Fla., creating §§ 943.0585 and 943.059, Fla.Stat. . . . history record to obtain a certificate of eligibility from the Florida Department of Law Enforcement. §§ 943.0585 . . . Subsections 943.0585(1) and 943.059(1) say only that a petition is “complete” when accompanied by the . . .
. . . (amending §§ 943.0585(1) and 943.059(1), Fla. . . .