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Florida Statute 943.0585 | Lawyer Caselaw & Research
F.S. 943.0585 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.0585
943.0585 Court-ordered expunction of criminal history records.
(1) ELIGIBILITY.A person is eligible to petition a court to expunge a criminal history record if:
(a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
(b) An indictment, information, or other charging document was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction or a judgment of acquittal was rendered by a judge, or a verdict of not guilty was rendered by a judge or jury.
(c) The person is not seeking to expunge a criminal history record that is ineligible for court-ordered expunction under s. 943.0584.
(d) The person has never, as of the date the application for a certificate of expunction is filed, been adjudicated guilty in this state of a criminal offense or been adjudicated delinquent in this state for committing any felony or any of the following misdemeanors, unless the record of such adjudication of delinquency has been expunged pursuant to s. 943.0515:
1. Assault, as defined in s. 784.011;
2. Battery, as defined in s. 784.03;
3. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a);
4. Carrying a concealed weapon, as defined in s. 790.01(2);
5. Open carrying of a weapon, as defined in s. 790.053;
6. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s. 790.115;
7. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1);
8. Unlawful possession of a firearm, as defined in s. 790.22(5);
9. Exposure of sexual organs, as defined in s. 800.03;
10. Arson, as defined in s. 806.031(1);
11. Petit theft, as defined in s. 812.014(3);
12. Neglect of a child, as defined in s. 827.03(1)(e); or
13. Cruelty to animals, as defined in s. 828.12(1).
(e) The person has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.
(f) The person is no longer under court supervision applicable to the disposition of arrest or alleged criminal activity to which the petition to expunge pertains.
(g) The person has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.059, former s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to paragraph (h) and the record is otherwise eligible for expunction.
(h) The person has previously obtained a court-ordered sealing the criminal history record under s. 943.059, former s. 893.14, former s. 901.33, or former s. 943.058 for a minimum of 10 years because adjudication was withheld or because all charges related to the arrest or alleged criminal activity to which the petition to expunge pertains were not dismissed before trial, without regard to whether the outcome of the trial was other than an adjudication of guilt. The requirement for the record to have previously been sealed for a minimum of 10 years does not apply if a plea was not entered or all charges related to the arrest or alleged criminal activity to which the petition to expunge pertains were dismissed before trial or a judgment of acquittal was rendered by a judge or a verdict of not guilty was rendered by a judge or jury.
(2) CERTIFICATE OF ELIGIBILITY.Before petitioning a court to expunge a criminal history record, a person seeking to expunge a criminal history record must apply to the department for a certificate of eligibility for expunction. The department shall adopt rules to establish procedures for applying for and issuing a certificate of eligibility for expunction.
(a) The department shall issue a certificate of eligibility for expunction to a person who is the subject of a criminal history record if that person:
1. Satisfies the eligibility criteria in paragraphs (1)(a)-(h) and is not ineligible under s. 943.0584.
2. Has submitted to the department a written certified statement from the appropriate state attorney or statewide prosecutor which confirms the criminal history record complies with the criteria in paragraph (1)(a) or paragraphs (1)(b) and (c).
3. Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains.
4. Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.
(b) A certificate of eligibility for expunction is valid for 12 months after the date stamped on the certificate when issued by the department. After that time, the petitioner must reapply to the department for a new certificate of eligibility. The petitioner’s status and the law in effect at the time of the renewal application determine the petitioner’s eligibility.
(3) PETITION.Each petition to expunge a criminal history record must be accompanied by:
(a) A valid certificate of eligibility issued by the department.
(b) The petitioner’s sworn statement that he or she:
1. Satisfies the eligibility requirements for expunction in subsection (1).
2. Is eligible for expunction to the best of his or her knowledge and does not have any other petition to seal or expunge a criminal history record pending before any court.

A person who knowingly provides false information on such sworn statement commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) COURT AUTHORITY.
(a) The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information to the extent that such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.
(b) A court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section. The court may not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history record has applied for and received a certificate of eligibility under subsection (2).
(c) The court may order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only, except that the court may order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the expunction of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not expunge any record pertaining to such additional arrests if the order to expunge does not articulate the intention of the court to expunge a record pertaining to more than one arrest. This section does not prevent the court from ordering the expunction of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity.
(d) Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to expunction, correction, or confidential handling of criminal history records or information derived therefrom.
(e) This section does not confer any right to expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.
(5) PROCESSING OF A PETITION OR AN ORDER.
(a) In judicial proceedings under this section, a copy of the completed petition to expunge shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge.
(b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency shall forward the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to expunge to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.
(c) The department or any other criminal justice agency is not required to act on an order to expunge entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner’s attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to expunge when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section.
(6) EFFECT OF EXPUNCTION ORDER.
(a) Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record, except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged which is retained by the department is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.
(b) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Concurrently or subsequently petitions for relief under this section, s. 943.0583, or s. 943.059;
4. Is a candidate for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
6.a. Is seeking to be employed or licensed by, or contract with, the Department of Education, any district unit under s. 1001.30, any special district unit under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, any virtual instruction program under s. 1002.45, any charter school under s. 1002.33, any hope operator under s. 1002.333, any alternative school under s. 1008.341, any private or parochial school, or any local governmental entity that licenses child care facilities;
b. Is seeking to be employed or used by a contractor or licensee under sub-subparagraph a.; or
c. Is a person screened under s. 1012.467;
7. Is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services; or
8. Is seeking to be appointed as a guardian pursuant to s. 744.3125.
(c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.
(d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in subparagraphs (b)1. and 4.-8. for their respective licensing, access authorization, and employment purposes and to criminal justice agencies for their respective criminal justice purposes. It is unlawful for any employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. A person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 3, ch. 92-73; s. 43, ch. 93-39; s. 1, ch. 94-127; s. 19, ch. 94-154; s. 95, ch. 94-209; s. 140, ch. 95-418; s. 3, ch. 95-427; s. 52, ch. 96-169; s. 7, ch. 96-402; s. 443, ch. 96-406; s. 1847, ch. 97-102; s. 57, ch. 98-280; s. 115, ch. 99-3; s. 10, ch. 99-188; s. 4, ch. 99-300; s. 16, ch. 99-304; s. 3, ch. 2000-246; s. 27, ch. 2000-320; s. 115, ch. 2000-349; s. 4, ch. 2001-127; s. 1, ch. 2002-212; ss. 8, 97, ch. 2004-267; s. 1, ch. 2004-295; s. 22, ch. 2005-128; s. 118, ch. 2006-120; s. 10, ch. 2006-176; s. 27, ch. 2006-195; s. 109, ch. 2006-197; s. 5, ch. 2008-249; s. 8, ch. 2009-171; s. 7, ch. 2010-31; s. 17, ch. 2012-73; s. 18, ch. 2012-215; s. 4, ch. 2013-98; s. 25, ch. 2013-116; s. 169, ch. 2014-17; s. 35, ch. 2014-123; s. 6, ch. 2014-124; s. 27, ch. 2014-160; s. 11, ch. 2014-195; s. 1, ch. 2018-101; s. 110, ch. 2019-3; s. 50, ch. 2019-167; s. 5, ch. 2022-154; s. 33, ch. 2023-18.

F.S. 943.0585 on Google Scholar

F.S. 943.0585 on Casetext

Amendments to 943.0585


Arrestable Offenses / Crimes under Fla. Stat. 943.0585
Level: Degree
Misdemeanor/Felony: First/Second/Third

S943.0585 1 - FRAUD-FALSE STATEMENT - REMOVED - F: T
S943.0585 3b - FRAUD-FALSE STATEMENT - FALSE INFO SWORN STMT COURT ORDER EXPUNCTION - F: T
S943.0585 4c - INVADE PRIVACY - RENUMBERED SEE REC # 8784 - M: F
S943.0585 5 - FRAUD-FALSE STATEMENT - REMOVED - F: T
S943.0585 6d - INVADE PRIVACY - DISCLOSE INFO FROM EXPUNGED CRIMINAL RECORD - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . 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 . . .

LAZARD, v. STATE, 229 So. 3d 439 (Fla. Dist. Ct. App. 2017)

. . . Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.0585 . . .

J. A. H. v. STATE, 198 So. 3d 884 (Fla. Dist. Ct. App. 2016)

. . . under section 893.135, and therefore was prohibited from having his record sealed pursuant to sections 943.0585 . . .

MAXWELL, a k a v. STATE, 185 So. 3d 702 (Fla. Dist. Ct. App. 2016)

. . . 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). . . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE, 176 So. 3d 980 (Fla. 2015)

. . . 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 . . .

BORG, v. STATE, 169 So. 3d 261 (Fla. Dist. Ct. App. 2015)

. . . See § 943.0585(2), Fla. Stat. (2015). . . .

In AMENDMENTS TO FLORIDA PROBATE RULE, 150 So. 3d 1100 (Fla. 2014)

. . . 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. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 137 So. 3d 1015 (Fla. 2014)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 132 So. 3d 123 (Fla. 2013)

. . . UNDER SECTION 943.0585. FLORIDA STATUTES. . . .

STATE v. COUSINS,, 62 So. 3d 677 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

BAKER, v. STATE, 53 So. 3d 1147 (Fla. Dist. Ct. App. 2011)

. . . Section 943.0585, Florida Statutes (2009), governs the expunction of non-judicial criminal history records . . .

IRWIN, v. MIAMI- DADE COUNTY PUBLIC SCHOOLS,, 398 F. App'x 503 (11th Cir. 2010)

. . . . § 943.0585. . . .

MATHIS, v. COATS,, 24 So. 3d 1284 (Fla. Dist. Ct. App. 2010)

. . . We note that section 943.0585, Florida Statutes (2009), provides that a court can order a criminal justice . . .

UNITED STATES v. TYLER, 670 F. Supp. 2d 1346 (M.D. Fla. 2009)

. . . . § 943.0585 (2009) (allowing a court of competent jurisdiction to order the expunction of a criminal . . .

FISHER, v. STATE, 20 So. 3d 1032 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

VFD, v. STATE, 19 So. 3d 1172 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

HARMAN, v. STATE, 12 So. 3d 898 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

BLACKMAN, v. STATE, 7 So. 3d 650 (Fla. Dist. Ct. App. 2009)

. . . See §§ 943.0585, 943.059, Florida Statutes (2008). It is impossible to determine from Ms. . . .

KANJI, v. STATE, 4 So. 3d 65 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

OROZCO, v. STATE, 920 So. 2d 208 (Fla. Dist. Ct. App. 2006)

. . . to seal her criminal record pursuant to rule 3.692, Florida Rules of Criminal Procedure, and section 943.0585 . . .

STATE v. N. DEMPSEY,, 916 So. 2d 856 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RIGAU,, 901 So. 2d 339 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

R. J. L. v. STATE, 887 So. 2d 1268 (Fla. 2004)

. . . 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). . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . scoresheets, s. 921.142(2), F.S., relating to sentencing for capital drug trafficking felonies, s. 943.0585 . . .

WILLIAMS, v. STATE, 879 So. 2d 77 (Fla. Dist. Ct. App. 2004)

. . . 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). . . .

STATE v. HARVILL,, 860 So. 2d 999 (Fla. Dist. Ct. App. 2003)

. . . Section 943.0585, Florida Statutes (2000), provides that the courts “shall not order a criminal justice . . .

L. NORTON, SR. v. STATE, 857 So. 2d 273 (Fla. Dist. Ct. App. 2003)

. . . Section 943.0585(2), Florida Statutes (2002) relates to the expunction of criminal history records, and . . .

ROBERTO, v. STATE, 853 So. 2d 582 (Fla. Dist. Ct. App. 2003)

. . . . § 943.0585 Fla. Stat. . . . Section 943.0585(1) provides that a petition to expunge a criminal record is complete only when accompanied . . .

STEINMANN, v. STATE, 839 So. 2d 832 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

STATE v. J. M. a, 824 So. 2d 105 (Fla. 2002)

. . . .”); § 943.0585, Fla. . . .

WELLS, v. STATE, 807 So. 2d 206 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

RANDALL, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 791 So. 2d 1238 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . 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 . . .

OYMAYAN, v. STATE, 765 So. 2d 812 (Fla. Dist. Ct. App. 2000)

. . . 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). . . .

STATE v. S. C., 762 So. 2d 1008 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

E. MATTHEWS, v. STATE, 760 So. 2d 1148 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

STATE v. WAGES,, 757 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

. . . See § 943.0585(2), Fla. Stat. (1999). . . . See § 943.0585(2)(h), Fla. Stat. (1999). REVERSED AND REMANDED. POLEN and GROSS, JJ., concur. . . .

GUTKIND, v. STATE, 765 So. 2d 66 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

E. LEWIS, Jr. v. STATE, 711 So. 2d 174 (Fla. Dist. Ct. App. 1998)

. . . We also affirm as to Appellant’s claim under section 943.0585. . . .

STATE v. SILVA,, 691 So. 2d 529 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

STATE v. PLOTKA,, 689 So. 2d 1174 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

STATE v. D. H. W., 686 So. 2d 1331 (Fla. 1996)

. . . 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 . . .

W. FINFROCK, v. STATE, 680 So. 2d 627 (Fla. Dist. Ct. App. 1996)

. . . See § 943.0585, Fla.Stat. (1995); Fla.R.Crim.P. 3.692. . . .

STATE v. D. H. W., 666 So. 2d 564 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

STATE v. J. W., 664 So. 2d 29 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 639 So. 2d 15 (Fla. 1994)

. . . 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 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 630 So. 2d 552 (Fla. 1993)

. . . 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 . . .

HAMPTON, v. STATE, 619 So. 2d 1019 (Fla. Dist. Ct. App. 1993)

. . . . § 943.0585(2)(d), Fla.Stat. (Supp.1992); § 943.058(2)(a), Fla.Stat. (1991). . . .

MANTILLA, v. STATE, 615 So. 2d 809 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . (amending §§ 943.0585(1) and 943.059(1), Fla. . . .