Florida/Georgia Personal Injury & Workers Compensation

...(2001) ("When any person pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense ... there shall be imposed as an additional cost in the case... the sum of $50."); § 943.0585, Fla....

...Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). [2] A drug evaluation form indicates that Ms. Mathis's eyes were glassy, not bloodshot. [3] The urinalysis proved negative, although the results were obtained some days later. [4] We note that section 943.0585, Florida Statutes (2009), provides that a court can order a criminal justice agency to expunge the "criminal history record" of an individual....

...ertificate of eligibility. The circuit court issued an order, requiring the FDLE to show cause as to why R.J.L.'s relief should not be granted. See State v. R.J.L., No. 53-9550-CF (Fla.Cir.Ct. Nov. 3, 2000). The FDLE complied, relying primarily upon section 943.0585(2)(e) of the Florida Statutes (1999), which imposes a condition on the issuance of a certificate of eligibility, namely that the individual seeking the certificate not have been adjudicated guilty of the criminal activity he or she wishes to have expunged, as R.J.L....

...ivil rights, it does not wipe out either guilt or the fact of conviction." Id. at 1245. Relying upon its decision in Randall, the First District subsequently affirmed the decision of the trial court in the instant case. See R.J.L., 818 So.2d at 635. Section 943.0585 of the Florida Statutes controls the expunction of nonjudicial criminal history records. See § 943.0585, Fla....

...a criminal history record has applied for and received a certificate of eligibility for expunction pursuant to subsection (2)."). The FDLE will not grant a certificate of eligibility unless the person seeking expungement can attest to certain facts. Section 943.0585(2) provides: Certificate of eligibility for expunction....

...ject of a criminal history record if that person: .... (e) 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 to expunge pertains. § 943.0585(2), Fla. Stat. (2000). We have previously held that section 943.0585 of the Florida Statutes, which mandates the issuance of a certificate of eligibility prior to the sealing of nonjudicial criminal history records, is constitutional and does not violate the separation of powers doctrine....

...Initially, it is important to note that Doe was decided on February 28, 1992, prior to the July 1992 revision of the expunction statute, which added the requirement that the FDLE must issue a certificate of eligibility prior to a person being able to obtain an expunction of nonjudicial criminal history records. See § 943.0585(2), Fla....

...Under the current statute, a person will only qualify for a certificate of eligibility if he "[h]as 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 to expunge pertains." § 943.0585(2)(e), Fla....

...Pursuant to the current expunction statute, a person will only qualify for a certificate of eligibility if he "[h]as not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal *1281 activity to which the petition to expunge pertains." § 943.0585(2)(e), Fla....

...xpungement of their criminal history records. Today, we hold that a pardon does not have the effect of erasing guilt so that a conviction is treated as though it had never occurred. A pardoned individual can therefore not satisfy the requirements of section 943.0585(2)(e), and cannot qualify for a certificate of eligibility. CONCLUSION The First District correctly held that an individual who received a gubernatorial pardon is not entitled to a certificate of eligibility for records expunction pursuant to section 943.0585(2) of the Florida Statutes, as a pardon does not have the effect of eliminating guilt or the fact of conviction. A pardoned individual cannot satisfy the constitutional requirements of section 943.0585(2), because like other convicted individuals, a pardonee cannot maintain that he "[h]as not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity t...

...Leonard Randall seeks review by certiorari of the trial court's denial of a petition for a writ of mandamus which sought to compel the Florida Department of Law Enforcement to issue a certificate of eligibility for expunction of his criminal history record pursuant to section 943.0585, Florida Statutes (Supp.1998)....

...atute or law permits the [Department of Law Enforcement's] withholding or refusal to issue a Certificate of Eligibility." The trial court issued an order to show cause, to which the Department responded. In its response, the Department asserted that section 943.0585, *1240 Florida Statutes, precluded it from issuing a certificate of eligibility for expunction of a criminal history record if the applicant had been adjudicated guilty of any act stemming from the arrest or alleged criminal activity to which the petition related....

...Thus, to be entitled to the writ of mandamus he sought in the trial court, Randall was obliged to demonstrate that he had a clear legal right to the certificate of eligibility for expunction; that the Department had a clear legal duty to issue the certificate; and that no other legal remedy was available to him. III. Section 943.0585, Florida Statutes (Supp.1998), authorizes "[a]ny court of competent jurisdiction [to] order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of th[at] section....

...rt may not order a criminal history record expunged until the person seeking such action has applied for and received a "certificate of eligibility for expunction" from the Department. The requirements for a certificate of eligibility are set out in section 943.0585(2)....

...Among other things, a person seeking a certificate of eligibility must establish that he or she "[h]as 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 to expunge pertains." § 943.0585(2)(e), Fla....

...don. Id. at 213. At the time, there was no statutory requirement that a person petitioning a court for expunction of a criminal history record first obtain a certificate of eligibility from the Department. See ch. 92-73, § 3, Laws of Fla. (creating section 943.0585, Florida Statutes, subsection 2 of which required a person seeking to expunge his or her criminal history record to apply to the Department for a certificate of eligibility for expunction before petitioning the court); ch. 95-427, § 3, Laws of Fla. (adding to section 943.0585 the language "The court shall 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 for expunction pursuant to subsection (2).")....

...riminal history record if the person who was the subject of the record had "been adjudicated guilty of any of the charges stemming from the arrest or alleged criminal activity to which the records expunction petition pertains." We are concerned with section 943.0585(2)(e), Florida Statutes (Supp....

...He seeks review of an order which, while it directed the Jacksonville Sheriff's Office, in accordance with section 943.059, Florida Statutes (2008), to seal records concerning his arrest on June 26, 2008, denied his petition to have the records expunged, pursuant to section 943.0585, Florida Statutes (2008), and Florida Rule of Criminal Procedure 3.692....

...State, 765 So.2d 812, 814 (Fla. 1st DCA 2000). As the learned trial judge observed, nobody contends that VFD has not satisfied the statutory and rule eligibility requirements for expunction. The petition and attachments conform with the *1175 requirements of section 943.0585 and rule 3.692. [4] Section 943.0585 makes clear, however, that it "does not confer any right to the 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." See Wells v. State, 807 So.2d 206, 207 n. 2 (Fla. 5th DCA 2002) (quoting statute). "[W]here a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial court the discretion to deny expunction ......

...[2] Expunged records "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 [of law enforcement] must be retained in all cases." § 943.0585(4), Fla....

...ntinue to be maintained by the department and other criminal justice agencies." § 943.059(3)(e), Fla. Stat. (2008). [3] Appellant was charged with aggravated assault with a deadly weapon, but the state attorney declined to prosecute the charge. [4] Section 943.0585, Florida Statutes (Supp....

...ymayan's petition. First, the court refused to expunge the additional charges, because they were "separate from and unrelated to" the November 29 charges, and did not involve "a single arrest or incident of alleged criminal activity," as required by section 943.0585, Florida Statutes....

...ged in "a series of criminal acts rather than an isolated, single incident," thus complete expungement was inappropriate. It appears that this ruling applied to Oymayan's judicial criminal records, and we conclude that it was an abuse of discretion. Section 943.0585, Florida Statutes (Supp.1998), relates to the expungement of criminal history records held by nonjudicial criminal justice agencies, whereas the expungement of judicial criminal records is controlled by Florida Rule of Criminal Procedure 3.692, because only the supreme court has the authority to establish rules relating to judicial procedure. State v. D.H.W., 686 So.2d 1331 (Fla.1996); Johnson v. State, 336 So.2d 93 (Fla.1976). Indeed, section 943.0585 begins by reaffirming the jurisdiction of courts over their own criminal records....

...." (Emphasis added.) Nevertheless, we cannot agree with the argument that such orders are unreviewable. In fact, the history of this provision belies such argument. Before the legislature amended section 943.058, Florida Statutes, the predecessor to section 943.0585, the trial court had no discretion to deny a motion to expunge, so long as the petitioner met the statutory requirements set forth therein....

...nt nonreviewable, the provision simply ensures that appellate courts may review such orders under the abuse of discretion standard. See Gonzalez v. State, 565 So.2d 410 (Fla. 3d DCA 1990). On the merits, we conclude that the trial court misconstrued section 943.0585 in that the court held that Oymayan's nonjudicial records were not subject to expunction, because the charges as to each date did not involve a single arrest or incident and were "separate from and unrelated to" each other. On the contrary, they did involve one arrest, which occurred on December 27, 1995, and section 943.0585 expressly authorizes a trial court to expunge records relating to "one arrest or one incident." (Emphasis added.) The statute does not provide that a court may expunge records related to one arrest so long as the arrest involved but one incident....

...involved in multiple incidents over multiple days." We disagreed, observing that the statute "does not contain a blanket prohibition against record expungement where a defendant has committed multiple criminal acts." Id. at 693. The court noted that section 943.0585(1)(b)(2), pertaining to the necessary contents of a petition to expunge, requires the petitioner to allege that he or she was not convicted of " any of the acts stemming from the arrest or alleged criminal activity to which the petit...

...See also Canter v. State, 448 So.2d 64 (Fla. 3d DCA 1984) (directing expunction of three charges for three incidents of passing bad checks). On remand, the trial court must reconsider Oymayan's request for expungement of all nonjudicial records under section 943.0585....

...REVERSED and REMANDED. LAWRENCE and BROWNING, JJ., CONCUR. NOTES [1] "The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information[.]" § 943.0585, Fla....

...We conclude that the trial court erred in denying the petition based on its two stated grounds and reverse. The procedure to expunge judicial records and nonjudicial criminal history records is governed by Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2007). In the present case, the State acknowledges that Mr. Harman satisfied the requirements of *899 section 943.0585 and rule 3.692 for the expunction of his criminal history records and judicial records. However, as noted by the State and Mr. Harman, even where a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial court the discretion to deny expunction....

...Charlie Crist, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Appellant appeals the trial court's decision to seal his records instead of granting his petition to expunge his criminal history record under section 943.0585, Florida Statutes (2002). We reverse. Any person who complies with the requirements of section 943.0585 may petition the court for the expunction of his/her criminal history record....

...That certificate was for one year, which ends on July 25, 2015. Our expedition of this appeal and direction to the court to hold a prompt hearing seeks to have the matter concluded within the year period, so that petitioner does not have to reapply for certification. See § 943.0585(2), Fla....

...Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, R. B., J. Kim Wells appeals an order summarily denying her petition to expunge and seal certain criminal records pursuant to section 943.0585, Florida Statutes (2000), and Florida Rule of Criminal Procedure 3.692. In its response filed below, the State conceded *207 that Wells had substantially complied with section 943.0585 and Florida Rules of Criminal Procedure 3.692 and 3.989, advised the court of its discretion to grant or deny Wells's petition pursuant to section 943.0585, and asked that an evidentiary hearing be set on the matter....

...requested by the State, and not summarily denied. Florida Rules of Criminal Procedure 3.692(a) and 3.590(c) contemplate that a hearing will be afforded when requested. See Smith v. State, 614 So.2d 525, 528 (Fla. 5th DCA 1993). [2] We recognize that section 943.0585, Florida Statutes (2000) provides: "This section does not confer any right to the 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 cour...

...ng a concealed weapon. After successfully completing a pretrial diversion program, the charges against her were nolle prossed. Defendant filed a petition to expunge her criminal records pursuant to Florida Rule of Criminal Procedure 3.692 (1994) and section 943.0585, Florida Statutes (1993)....

...Defendant's petition and affidavit were in the form prescribed by Florida Rule of Criminal Procedure 3.989(a) and (d). Defendant did not, however, apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility for Expunction as required by subsections 943.0585(1) and (2), Florida Statutes....

...at the defendant had not applied for the statutorily-required Certificate of Eligibility and had not submitted a fingerprint card so as to allow FDLE to conduct a proper criminal history records search. FDLE stated that, under authority of paragraph 943.0585(3)(d), Florida Statutes, the agency declined to act on the order to expunge. Paragraph 943.0585(3)(d) provides: (d) On or after July 1, 1992, 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....

...e court to void the order. The state attorney did not do so. After the sixty days expired, defendant moved to hold FDLE in contempt for refusing to expunge defendant's criminal history records. The court rejected FDLE's argument that under paragraph 943.0585(3)(d), Florida Statutes, it did not have to expunge defendant's criminal history records because of defendant's own noncompliance with section 943.0585....

...The Florida Supreme Court has recently decided State v. D.H.W., 686 So.2d 1331 (Fla. *531 1996), which interpreted section 943.059, Florida Statutes (1993), the statute regulating court-ordered sealing of criminal history records. Section 943.059 is substantially identical to section 943.0585, regulating court-ordered expunction of criminal history records. The principles announced in D.H.W. are applicable to a petition to expunge criminal history records under section 943.0585. The D.H.W. court held that the legislature has "the power to enact substantive laws such as a statute granting the right to sealing or expungement of criminal history records." 686 So.2d at 1334. Thus the conditions set forth in section 943.0585 are valid conditions precedent to obtaining the expungement or sealing of nonjudicial criminal history records....

..."[W]e do not interfere with the statutory requirement for the FDLE certificate, which we respect as a legislative prerogative." Id. at 1335. In the present case, therefore, the trial court erred in deciding that Rule 3.692 prevailed over the contrary provisions of section 943.0585, Florida Statutes....

...th the sealing order."). [1] The question also arises whether the result should be different in this case because the state attorney failed to "take action within 60 days to correct the record and petition the court to void the [expungement] order." § 943.0585(3)(d). We do not think it makes a difference. The first sentence of paragraph 943.0585(3)(d) states that "[o]n or after July 1, 1992, the department [FDLE] 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." Id....

...when such order does not comply with the requirements of this section." Id. The legislative intent is clear that there be no enforcement of an expungement order unless the necessary certificate has been obtained. [2] The third sentence of paragraph 943.0585(3)(d) states that "[t]he appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order." Id....

...The order under review also directed that defendant's court records be expunged. As stated in D.H.W., "the judiciary has exclusive power and responsibility over court records." 686 So.2d at 1335. A request to expunge criminal history records held by the courts is governed by Rules 3.692 and 3.989, but not section 943.0585, Florida Statutes....

...Camper, General Counsel, Florida Parole Commission, Tallahassee, for Appellee. THOMPSON, J. Carl Joseph Roberto appeals a trial court order denying his request to compel [1] the Florida Department of Law Enforcement ("FDLE") to issue a certificate of eligibility pursuant to section 943.0585, Florida Statutes....

...5th DCA 1992), Roberto moved the circuit court for an order compelling FDLE to issue the certificate. The court treated the motion as petition for writ of mandamus and denied relief. To have a criminal record expunged, a person must obtain a certificate of eligibility from the FDLE. § 943.0585 Fla. Stat. Section 943.0585(1) provides that a petition to expunge a criminal record is complete only when accompanied by a certificate of eligibility and a sworn statement that, among other things, the petitioner: "Has not been adjudicated guilty of, or adjudi...

...(2001) (“When any person pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or-criminal traffic offense ... there shall be imposed as an additional cost in the case ... the sum of $50.”); § 943.0585, Fla....

...vide a service to the community, particularly the children of the community, justified denial of the petition. Orders denying expunction of criminal records are reviewed for abuse of discretion. VFD v. State, 19 So.3d 1172, 1174 (Fla. 1st DCA 2009). Section 943.0585, Florida Statutes (2009), governs the expunction of non-judicial criminal history records, and Florida Rules of Criminal Procedure 3.692 and 3.989 govern petitions to seal or expunge court records....

...Following payment of restitution, appellant complied with the rules and regulations of her probation and was discharged from probation by court order. Appellant then filed a petition to seal her criminal record pursuant to rule 3.692, Florida Rules of Criminal Procedure, and section 943.0585, Florida Statutes....

...In exchange, the State agreed that upon full payment of restitution and her successful completion of twelve months in the PTI program, it would dismiss the charges. The written agreement also stated that the case and charges against her would not be subject to expunction pursuant to section 943.0585, Florida Statutes (1992), but could be sealed pursuant to section 943.059....

...The State counters that this is not so, because the PTI agreement itself clearly stated in paragraph seventeen: 17. The Defendant further stipulates and agrees that the case and charges referred to herein shall not be subject to expungement pursuant to Section 943.0585, Florida Statutes (1992)[sic], but may be sealed pursuant to Section 943.059, Florida Statutes (1992)[sic], provided the Defendant otherwise meets the criteria for a court ordered sealing of criminal history information. Section 943.0585(4)(a), relating to the effect of criminal history record expunction, provides: The person who is the subject of a criminal history record that is expunged ......

...Committee Notes [No Changes] RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0585–943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending before any court. 5. I have never secured a prior records expunction or sealing under any lawunder section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 6....

...) ) , ) ) Defendant/Petitioner ) ) ORDER TO EXPUNGE UNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on a petition to expunge certain records of the petitioner’s arrest on .....(da...

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which this expunction petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, - 73 - Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 4....

...orward a certified copy of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide prosecutor, .....(arresting agency)....., and the Sheriff of .......... County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record...

...arresting agency)..... shall expunge all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal Procedure 3.692. All costs of certified copies involved herein are to be borne by the ........... DONE AND ORDERED in Chambers at .............

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which the instant petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes. 4....

...) PETITION TO EXPUNGE OR SEAL The petitioner, .........., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0585, or ........

...or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes. 4. The petitioner has not secured a prior records expunction or sealing under section 943.0585, or 943.059, Florida Statutes, or under former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, or any other law, rule, or authority. 5....

...ANTOON, Judge. The state appeals the trial court's order expunging the defendant's criminal history record. We must reverse because the defendant failed to file a certificate of eligibility from the Florida Department of Law Enforcement as required by section 943.0585(2), Florida Statutes (1995). Section 943.0585 provides that the courts of this state "shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history has applied for and received a certificate of eligibility f...

...Here, the defendant moved to expunge his criminal record but failed to obtain a certificate of eligibility from the Florida Department of Law Enforcement. *1175 Overruling the state's objection, the trial court concluded that, to the extent rule 3.692 is inconsistent with section 943.0585, the rule is controlling....

...D.H.W., 686 So.2d 1331 (Fla.1996), which holds that section 943.0595 does not violate the separation of powers provision of Article II, section 3, of the Florida Constitution. Accordingly, a petition to expunge a criminal history record may not be granted until the conditions precedent in section 943.0585 have been satisfied....

...r support of the petition. Neither side presented evidence. The trial court denied the petition. Appellant now challenges this denial. The procedure to expunge criminal history records is governed by Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2014). “This section does not confer any right to the 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.” § 943.0585, Fla. Stat. (2014). However, the court’s discretion to deny a petition is not unlimited. Gotowala v. State, 162 So. 3d 33, 34 (Fla. 4th DCA 2014). Where a petition substantially complies with all of the section 943.0585 requirements, the petitioner is presumptively entitled to an order of expunction “absent a finding by the trial judge that there was ‘a good reason for denial based on the facts and circumstances of the individual case.’” Orozco v....

...Law Enforcement (“FDLE”), as well as the petitioner’s sworn statement that the petitioner, among other things, “[h]as not been adjudicated guilty of . . . any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.” § 943.0585(1), Fla....

...ould 1 Although Appellant did receive an FDLE certificate of eligibility for expunction, it appears that the certificate should not have been issued. In cases where charges were actually filed, to be eligible for a certificate of eligibility under section 943.0585(2), Florida Statutes (2014), a person must submit to the FDLE “a written, certified statement from the appropriate state attorney or statewide prosecutor” indicating that the charging document was dismissed or nolle prosequi...

...n, and that none of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial, without regard to whether the outcome of the trial was other than an adjudication of guilt. § 943.0585(2)(a)2., Fla....

...on. Id. This contrasts with the present case, where the trial court also considered the underlying facts and trial testimony. The manner in which a conviction was discharged is relevant in considering a petition to expunge. This is reflected in section 943.0585, which effectively bars the expunction of any charges that proceeded to trial, regardless of the outcome. See § 943.0585(2)(a)2., Fla....

...considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final”). Additionally, the trial court did not err in denying the petition to expunge/seal based on the absence of a certificate of eligibility. See § 943.0585(3), Fla....

...issued by the department”); § 943.059(3), Fla. Stat. (2025) (“Each petition to a court to seal a criminal history record is complete only when accompanied by: (a) A valid certificate of eligibility issued by the department pursuant to this section”); § 943.0585(4)(b), Fla....

...criminal history record where appellee did not obtain certificate of eligibility); Lewis v. State, 711 So. 2d 174, 175 (Fla. 4th DCA 1998) (recognizing that where no certificate of eligibility for expungement appears in the record, “Appellant would not be entitled to expunction under [section 943.0585]”); Fla. R. Crim. P. 3.692(a) (providing that all relief sought pursuant to sections 943.0585 and 943.059 shall be by written petition accompanied by FDLE certificate of eligibility). Affirmed. MAY, CIKLIN and LOTT, JJ., concur. * * * Not final until disposition of timely-filed mo...

...s, the *128 defendant may be involuntarily admitted to residential services as provided by law. (c) [No Change] Committee Notes [No Change] RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. All relief sought by reason of sections 943.0585943.0583-943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...Mv commission expires: *134 (2) Order to Expunge: Human Trafficking Victim. in the Circuit Court of the Judicial Circuit in and for County. Florida Case No.: Division State of Florida._1 _) Plaintiff._) ) V;_l ) - i } Defendant/Petitioner._} I ORDER TO EXPUNGE. HOMAN TRAFFICKING VICTIM. UNDER SECTION 943.0585....

COVINGTON, Judge. Britt L. Norton, Sr. challenges the summary denial of his petition to expunge or seal the record of his June 1988 arrest. Because Norton failed to follow the proper procedure, we affirm without prejudice. Section 943.0585(2), Florida Statutes (2002) relates to the expunction of criminal history records, and section 943.059(2) relates to the sealing of such records....

...The Court amends rule 3.989 (Affidavit, Petition, and Order to Expunge or Seal Forms), subdivision (g) (Order to Expunge; Human Trafficking Victim), to -3- change the statutory reference in the title of the form from section 943.0585 to section 943.0583, because section 943.0583 was amended by chapter 2013-98, section 2, Laws of Florida, and provides for the expunction of a criminal history record for victims of human trafficking. Lastly, rule 9.140(b)(...

...- 12 -  PETITION TO EXPUNGE OR SEAL The petitioner, .........., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0585, or ........

...The petitioner has not been previously adjudicated guilty of a criminal offense or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes. 4. The petitioner has not secured a prior records expunction or sealing under section 943.0585, or 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, or any other law, rule, or authority. 5....

...,) ) Defendant/Petitioner. ) ) ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM, UNDER SECTION 943.0585943.0583, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE, having come on to be heard before me this date upon a petition to expunge certain records of the petitioner’s arre...

ORFINGER, J. The State of Florida appeals the trial court’s order expunging Kevin S. Harvill’s non-judicial criminal history records. We reverse. Section 943.0585, Florida Statutes (2000), provides that the courts “shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history has applied for and received a certificate of...

PER CURIAM. AFFIRMED. See § 943.0585, Fla.Stat. (1995); Fla.R.Crim.P. 3.692. PETERSON, C.J., and HARRIS

Chief Jim Farley Crystal River Police Department 123 Northwest Highway 19 Crystal River, Florida 34428 Dear Chief Farley: You have asked for my opinion on substantially the following questions: 1. Pursuant to section 943.0585 , Florida Statutes, what information collected by a municipal police department during the course of a criminal investigation is subject to expunction? 2....

...d notations of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition of those charges. However, criminal intelligence information and criminal investigative information do not fall within the purview of section 943.0585 , Florida Statutes....

...Attorney General Opinion 00-16 concludes that information formalizing a petitioner's criminal history, such as an arrest, detention, indictment, information, or other formal criminal charge, and the disposition thereof, would be subject to expungement under section 943.0585 , Florida Statutes....

...Examples of the types of information which concern you are an initial field report of a crime by a road patrol officer that may help to identify a suspect by physical or vehicle description; supplemental investigative follow-ups that may identify the person arrested; and copies of witness statements. Section 943.0585 , Florida Statutes, provides that a trial court may, under certain circumstances, order the expunction of "criminal history" information or records....

...ing, but not limited to information derived from laboratory tests, reports of investigators, informants, or any type of surveillance." 2 Neither criminal intelligence information nor criminal investigative information is included within the scope of section 943.0585 , Florida Statutes, as material that may be the subject of a judicial expunction order. 3 Section 943.0585 , Florida Statutes, specifically makes "criminal history" information or records subject to expunction....

...4 This office may not undertake to pass on the nature of particular records that may be held by a local law enforcement agency. Rather, the legal advisor for that agency should review the record involved and the expunction order and determine the appropriate action to take. Section 943.0585 (4), Florida Statutes, provides for the effect of criminal history records expunction: "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 b...

...d notations of arrests, detentions, indictments, informations, of other formal criminal charges and the disposition of those charges. However, criminal intelligence information and criminal investigative information do not fall within the purview of section 943.0585 , Florida Statutes....

...felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes.” According to the report, the amendment is intended to conform the rule to recent amendments to section 943.0585(4)(a), Florida Statutes (2013), made by chapter 2014-124, Laws of Florida, which became effective July 1, 2014,1 as well as to sections 744.309(3) and 943.0583, Florida Statutes (2014)....

...(b) – (d) [No Change] Committee Notes Rule History 1988 Revision - 2014 Revision: [No Change] 2014 Revision: Amends subdivision (a)(1)(A) to conform to sections 744.309(3), 943.0583, and 943.0585, Florida Statutes....

...Application for appointment. § 744.331(1), Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. -4- § 943.0583, Fla. Stat. Human trafficking victim expunction. § 943.0585, Fla....

...§ 1001 (2006). [2] 42 U.S.C. § 1383a (2006). [3] 18 U.S.C. § 641 (2006). [4] See. e.g., Ala.Code § 41-9-646 (2009) (offering the remedy of expungement for criminal records found by the court "to be inaccurate, incomplete or misleading"); Fla. Stat. § 943.0585 (2009) (allowing a court of competent jurisdiction to order the expunction of a criminal history record of a minor or adult who complies with the statutory procedural requirements and where the criminal history record does not relate to specific violations delineated by statute)....

...Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. WHATLEY, Judge. Marshall Fisher appeals the order summarily denying his petition to expunge certain criminal records pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2007). The trial court's order denying Fisher's petition stated merely that section 943.0585 provides that expunction of criminal history records is at the discretion of the court....

...State, 692 So.2d 250, 252 (Fla. 3d DCA 1997)). Where a petitioner has complied with the requirements for seeking expunction of judicial records *1033 and nonjudicial criminal history records set forth in Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2007), he is entitled to a hearing at which the trial court should consider all of the facts and circumstances of his case....

...Accordingly, we reverse and remand with directions that the trial court conduct a hearing on Fisher's petition and, if it again denies the petition, enter an order setting forth its reasons. Reversed and remanded with directions. SILBERMAN and CRENSHAW, JJ., Concur. NOTES [1] Fisher's petition cited section 943.0585, Florida Statutes (2007), which concerns expunction of records, or section 943.059, which concerns sealing of records....

...The purpose of the amendment is to gender neutralize the wording of the rule. Introductory Note Relating to Amendments to Rules 3.210 to 3.219. See notes following rule 3.210 for the text of this note. RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by written petition-imwrlting, filed with the clerk....

...Type of identification produced . My commission expires: (b) Order to Expunge. In the Circuit Court of the .... Judicial Circuit, in and for. County, Florida Case NamberNo.: . Division. State of Florida, Plaintiff, v. Defendant/Petitioner. ORDER TO EXPUNGE PURSUANT ROUNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date upon a petition to expunge certain records of the petition *507 er’s arrest on the — —day of ., 49^-_(date)-, by -(arresting agency)_, for .......

...f this court shall forward a certified copy of this order to the (check one) .... state attorney, .... special prosecutor, _ statewide prosecutor, -(arresting agency)...., and the Sheriff of . County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record information; and it is further ORDERED AND ADJUDGED that .......

...(arresting agency) .... shall expunge all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity to which this petitioner pertains in accordance with the procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal Procedure 3.692....

...The petitioner has not been previously adjudicated guilty of a criminal offense or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes. 4. The petitioner has not secured a pri- or records expunction or sealing under section 943.0585, or 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, or any other law, rule, or authority- 5....

...ificate of eligibility. The circuit court issued an order, requiring the FDLE to show cause as to why R.J.L.’s relief should not be granted. See State v. R.J.L., No. 53-9550-CF (Fla.Cir. Ct. Nov. 3, 2000). The FDLE complied, relying primarily upon section 943.0585(2)(e) of the Florida Statutes (1999), which imposes a condition on the issuance of a certificate of eligibility, namely that the individual seeking the certificate not have been adjudicated guilty of the criminal activity he or she wishes to have expunged, as R.J.L....

...rights, it does not wipe out either guilt or the fact of conviction.” Id. at 1245 . Relying upon its decision in Randall , the First District subsequently affirmed the decision of the trial court in the instant case. See R.J.L., 818 So.2d at 635 . Section 943.0585 of the Florida Statutes controls the expunction of nonjudicial criminal history records. See § 943.0585, Fla....

...criminal history record has applied for and received a certificate of eligibility for expunction pursuant to subsection (2).”). The FDLE will not grant a certificate of eligibility unless the person seeking expungement can attest to certain facts. Section 943.0585(2) provides: Certificate of eligibility for expunction....

...criminal history record if that person: [[Image here]] (e) 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 to expunge pertains. § 943.0585(2), Fla. Stat. (2000). We have previously held that section 943.0585 of the Florida Statutes, which mandates the issuance of a certificate of eligibility prior to the sealing of nonjudicial criminal history records, is constitutional and does not violate the separation of powers doctrine....

...Initially, it is important to note that Doe was decided on February 28, 1992, prior to the July 1992 revision of the expunction statute, which added the requirement that the FDLE must issue a certificate of eligibility prior to a person being ablé to obtain an expunction of nonjudicial criminal history records. See § 943.0585(2), Fla....

...Under the current statute, a person will only qualify for a certificate of eligibility if he “[h]as 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 to expunge pertains.” § 943.0585(2)(e), Fla....

...Pursuant to the current expunction statute, a person will only qualify for a certificate of eligibility if he “[h]as not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged crimi *1281 nal activity to which the petition to expunge pertains.” § 943.0585(2)(e), Fla....

...xpungement of their criminal history records. Today, we hold that a pardon does not have the effect of erasing guilt so that a conviction is treated as though it had never occurred. A pardoned individual can therefore not satisfy the requirements of section 943.0585(2)(e), and cannot qualify for a certificate of eligibility. CONCLUSION The First District correctly held that an individual who received a gubernatorial pardon is not entitled to a certificate of eligibility for records expunction pursuant to section 943.0585(2) of the Florida Statutes, as a pardon does not have the effect of eliminating guilt or the fact of conviction. A pardoned individual cannot satisfy the constitutional requirements of section 943.0585(2), because like other convicted individuals, a pardonee cannot maintain that he “[h]as not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity...

...al record. As the state argued below, appellant is entitled only to have his record sealed. See , § 943.059, Fla. Stat. (1999). Appellant did not obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement. See § 943.0585(2), Fla. Stat. (1999). If the record is sealed for ten years, and appellant meets the other statutory criteria, he may then apply for expunction. See § 943.0585(2)(h), Fla....

...offense under duress or domination of another individual. That is entirely consistent with his more detailed explanation of the events giving rise to his charges. In Baker v. State, 53 So. 3d 1147 (Fla. 1st DCA 2011), the First District addressed section 943.0585, which authorizes expungement or sealing of criminal history records....

...She advised that she could not obtain such a license unless her criminal record was expunged. While the trial court held a hearing to consider Cousins' request, it took no action on her motion because she could not provide a certificate of eligibility as required by section 943.0585, Florida Statutes....

...urisdiction. Therefore, the State's petition for a writ of certiorari is granted and the order of the trial court modifying Cousins' judgment and sentence is quashed. PETITION GRANTED; ORDER QUASHED. SAWAYA, TORPY and JACOBUS, JJ., concur. NOTES [1] Section 943.0585 requires a person to obtain a certificate of eligibility from the Florida Department of Law Enforcement before seeking expunction of a criminal history record.

...It is apparent that Appellant has failed to follow these rules in seeking relief. Therefore, we affirm without prejudice to Appellant’s right to seek relief from the department pursuant to these provisions. We also affirm as to Appellant’s claim under section 943.0585....

subject to expungement under section 943.0585, Florida Statutes. Section 943.0585, Florida Statutes, recognizes

sealed) criminal history record as required by section 943.0585 (or section943.059), Florida Statutes? 3.

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

failed to meet the statutory requirements of section 943.0585, Florida Statutes (1997). We affirm. During

...Committee Notes [No Changes] RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0585–943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending before any court. 5. I have never secured a prior records expunction or sealing under any lawunder section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 6....

...) ) , ) ) Defendant/Petitioner ) ) ORDER TO EXPUNGE UNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on a petition to expunge certain records of the petitioner’s arrest on .....(da...

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which this expunction petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, - 70 - Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 4....

...orward a certified copy of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide prosecutor, .....(arresting agency)....., and the Sheriff of .......... County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record...

...arresting agency)..... shall expunge all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal Procedure 3.692. All costs of certified copies involved herein are to be borne by the ........... DONE AND ORDERED in Chambers at .............

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which the instant petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes. 4....

...) PETITION TO EXPUNGE OR SEAL The petitioner, .........., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0585, or ........

...or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes. 4. The petitioner has not secured a prior records expunction or sealing under section 943.0585, or 943.059, Florida Statutes, or under former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, or any other law, rule, or authority. 5....

EVANDER, J. Zahir Kanji appeals from a denial of his petition to expunge records. The trial court failed to state the basis of the denial even though Kanji’s petition and accompanying documents satisfied the criteria set forth in section 943.0585, Florida Statutes (2007), and Florida Rule of Criminal Procedure 3.692....

...The Notice recited that “evidence submitted by law enforcement agency insufficient to prove guilt beyond a reasonable doubt.” In December 2007, Kanji filed his petition seeking to expunge his non-judicial criminal history records and the official court records relating to his arrest. As required by section 943.0585 and Rule 3.692, the petition was accompanied by a certificate of eligibility for expunction issued by Florida Department of Law Enforcement....

...of trust” because the alleged victim was a family friend. The trial court took the matter under advisement. Shortly thereafter, the trial,court rendered an order which simply stated: “The Petition to Expunge Records is hereby denied.” Although section 943.0585 provides that “any request for expunction of a criminal history record may be denied at the sole discretion of the court,” Florida courts have consistently held that such *67 discretion is not unfettered....

PER CURIAM. Appellant, Haim Gutkind, appeals from the trial court’s decision to seal his records instead of granting his petition to expunge his criminal history record under section 943.0585, Florida Statutes (1995). We reverse. Any person who complies with the requirements of section 943.0585 may petition the court for the expunction of his/her criminal history record....

of an underlying conviction and judgment. See § 943.0585. 5

...AL ALL COURT RECORDS UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 WITHOUT FIRST COMPLYING WITH THE TESTS DESCRIBED IN STATE v. P.D.A., 618 S0.2d 282 (Fla. 2D DCA 1993)? Affirmed. RYDER, A.C.J., and QUINCE, J., concur. . The petition also refers to section 943.0585, Florida Statutes (1993), which addresses the ex-punction of criminal records. The order entered in this case merely seals the records. Thus, we are not required to determine the constitutionality of the similar statutory provision in section 943.0585(2)....

...The Committee’s proposals are in part based upon recent legislation, see chapter 2019-167, sections 47, 50, and 51, Laws of Florida, and are otherwise organizational. Rule 3.962 is reorganized to pertain to the sealing and expunction of criminal history records pursuant to sections 943.0585, Court-ordered expunction of criminal history records, and 943.059, Court-ordered sealing of criminal history records, Florida Statutes (2019)....

...-3- for Petitioner -4-  APPENDIX RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0585–943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...(A) a valid certificate of eligibility issued by the Florida Department of Law Enforcement; and (B) a sworn statement by the petitioner attesting that the petitioner: (i) satisfies the eligibility requirement in section 943.0585(1), Florida Statutes; (ii) is eligible for an expunction to the best of the petitioner’s knowledge; and (iii) does not have any other petition to seal or expunge a criminal hi...

...I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending before any court. - 12 -  5. I have never secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 6....

...) ) , ) ) Defendant/Petitioner. ) ) ORDER TO EXPUNGE UNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on a petition to expunge certain records of the petitioner’s arrest on .....(dat...

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which this expunction petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 10 years. 4....

...py of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record...

...arresting agency)..... shall expunge all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal Procedure 3.692. All costs of certified copies involved herein are to be borne by the .................... DONE AND ORDERED in Chambers at .......................

...The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which the instant petition pertains. 3. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida Statutes. 4....

...PETITION TO EXPUNGE OR SEAL The petitioner, ...................., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0585, or ........

...a comparable ordinance violation, in this state nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes. 4. The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059, Florida Statutes, or under former section 943.058, 893.14, Florida Statutes, or 901.33, Florida Statutes. 5....

...The charging document was stamped “Domestic Violence.” Adjudication was withheld and the defendant was placed on probation for one year, which he satisfactorily completed in 2003. The defendant applied to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility for expunction. See § 943.0585(2), Fla....

...Obtaining such a certificate is a condition precedent to obtaining expungement of criminal history records. See id. The FDLE denied the certificate of ex-punction, stating that domestic violence cases are statutorily ineligible for ex-pungement. See id. § 943.0585(2)3....

...In this case, however, when FDLE learned of the defendant’s petition, FDLE made its appearance and waived any procedural objection. * The FDLE proceeded to argue the merits in the trial court and the trial court *79 denied the petition for expungement on the merits. III. Subsection 943.0585(2), Florida Statutes, lists the requirements for the FDLE to follow in issuing a certificate of eligibility for expunction. Among other things, the defendant must present a statement from the appropriate prosecutor stating one of the following: (1) that an information or other charging document was never filed in the ease, see id. § 943.0585(2)(a)l., or (2) if filed, the charge was dismissed, see id. § 943.0585(2)(a)2., or (3) if filed and not dismissed, the charge was not on the list of offenses for which expungement is prohibited. See id. § 943.0585(2)(a)3....

...That the criminal history record does not relate to ... a violation enumerated in s. 907.041 where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense ... without regard to whether adjudication was withheld. Id. § 943.0585(2)(a)3....

...In this case, by contrast, the Legislature has made the dispositive decision. It is the Legislature’s prerogative to prohibit expungement for specific crimes if it wishes to do so. The Legislature has enumerated its list of prohibited crimes in subparagraph 943.0585(2)(a)3., Florida Statutes, and the defendant’s crimes are among those for which expungement is prohibited....

...Moore, Executive Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dear Commissioner Moore: You ask substantially the following question: Does Chapter 94-127, Laws of Florida, effective October 1, 1994, which amends section 943.0585 (4)(c), Florida Statutes, by directing the Florida Department of Law Enforcement to disclose the existence of a criminal history record ordered expunged to the entities prescribed therein, apply to all criminal history records ordered expunged or only to those criminal history records ordered expunged on or after October 1, 1994? In sum: The amendment to section 943.0585 (4)(c), Florida Statutes, by Chapter 94-127, Laws of Florida, applies to all criminal history records ordered expunged and not to only those criminal history records ordered expunged on or after October 1, 1994. Section 943.0585 (4), Florida Statutes, provides that a criminal history record ordered expunged that is retained by the Florida Department of Law Enforcement (FDLE) is not available to any person or entity except upon order of a court of competent jurisdiction....

...Is seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff Development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity that licenses child care facilities. Section 943.0585 (4)(c), Florida Statutes, provides that it is unlawful for any employee of an entity set forth in subparagraphs (a)1., (a)4., (a)5., or (a)6....

...person seeking employment 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 or licensure decisions. 2 The 1994 Legislature amended s. 943.0585 (4), Florida Statutes, in Chapter 94-127, Laws of Florida, effective October 1, 1994. 3 The following language is added to section 943.0585 (4)(c): Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from the provisions of s....

...agencies of the existence of an expunged criminal history record." 9 (e.s.) Prior to such amendment, the subject of the expunged criminal history record was responsible for disclosing the existence of the record under the circumstances set forth in section 943.0585 (4)(a) and "the employing or licensing agency ....

...o disclose its existence." 10 The effect of the amendment is "to require that disclosure of the existence of such records, for certain licensing or employment purposes, come from FDLE rather than the subject of the record." 11 Thus, the amendment to section 943.0585 (4)(c), Florida Statutes, by Chapter 94-127, Laws of Florida, would appear to be remedial or procedural in nature. 12 The amendment, therefore, may be retroactively applied to those records order expunged prior to the effective date of Chapter 94-127, Laws of Florida. Accordingly, I am of the opinion that section 943.0585 (4)(c), Florida Statutes, as amended by Chapter 94-127, Laws of Florida, will be applicable to all criminal history records ordered expunged and not to only those criminal history records ordered expunged on or after October 1, 1994. Sincerely Robert A. Butterworth Attorney General RAB/tjw 1 Section 19, Ch. 94-154, Laws of Florida, effective October 1, 1994, amends the reference to s. 393.063 (3) to s. 393.063 (14). 2 Section 943.0585 (4)(c), Florida Statutes, further provides that any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in section 775.082 or section 775.083 , Florida Statutes. 3 See, s. 5, ch. 94-127, Laws of Florida, providing that the act shall take effect October 1, 1994. 4 Section 1 of Chapter 94-127, Laws of Florida, also amends section 943.0585 (4) to provide that a criminal history record ordered expunged that is retained by FDLE is confidential and exempt from the provisions of s....

...d as Ch. 94- 127, Laws of Florida), April 13, 1994. The staff analysis states that prior to the statute's amendment, a criminal history record ordered expunged that was retained by FDLE was unavailable except by court order; the act, however, amends section 943.0585 (c) "to reflect that FDLE will be responsible for notifying the employing and/or licensing entities referenced in s. 943.0585 (4)(a), F.S....

...1. We have jurisdiction. See art. V, § 2(a), Fla. Const. all references to “human trafficking expunction” be removed from rules 3.692 and 3.989.2 The Committee responds that the comment’s distinction between section 943.0583 and sections 943.0585-943.059 expungements is well-taken. Accordingly, we add a new subdivision to rule 3.692 to clearly delineate the requirements for a petition to expunge under section 943.0583, Florida Statutes. We further delete the requirement in the for...

...-3-  APPENDIX RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0583943.0585– 943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...) ) Defendant/Petitioner. ) ) ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM, UNDER SECTION 943.0585, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE, having come on to be heard before me this date upon a petition to expunge certain records of the petitioner’s arrest and/or convi...