Florida/Georgia Personal Injury & Workers Compensation

...He fully complied with his probation obligations. Defendant's probation was terminated early, after one year and eleven months. Defendant moved to seal his criminal history records. He obtained the required certificate of eligibility from the Florida Department of Law Enforcement. See § 943.059(2), Fla.Stat....

...The former are subject to legislative control, while the latter are not. See State v. D.H.W., 686 So.2d 1331, 1335 (Fla. 1996); State v. Silva, 691 So.2d 529 (Fla. 3d DCA 1997). A. The sealing of nonjudicial criminal history records is controlled by section 943.059, Florida Statutes (Supp.1994). [1] The statute establishes the requirements a defendant must satisfy in order to be eligible to have his or her nonjudicial criminal history records sealed. Id. § 943.059(1). The defendant must obtain a certificate of eligibility for sealing. Id. § 943.059(2). The statute also specifies: "This section does not confer any right to the sealing of any criminal history record, and any request for sealing a criminal history record may be denied at the sole discretion of the court." Id. § 943.059 (emphasis added)....

...even though the petitioner has satisfied all of the statutory prerequisites. *252 Although the wording of the statute is clear, a question exists about trial court discretion because of a portion of State v. D.H.W., 686 So.2d at 1335. In discussing section 943.059, the Florida Supreme Court said: The courts' role regarding nonjudicial criminal history records is to safeguard a citizen's right to strict enforcement of the statute, which provides the right to petition the court for sealing of such records....

...y conditions for sealing such records, the citizen is entitled to a court order requiring that the records be sealed. For that reason, we also hold that a citizen who contends that an agency has not issued a certificate of eligibility in accord with section 943.059(2) may petition the court for compliance and have the issue adjudicated....

...issue, namely, the right of a petitioner to require the agency to issue a certificate of eligibility if the petitioner is qualified but the agency refuses to act. The question of whether a trial court has discretion to deny a petition to seal under section 943.059 was not the issue before the court, and the court nowhere addressed the portion of section 943.059 which provides that "any request for sealing a criminal history record may be denied at the sole discretion of the court." § 943.059, Fla.Stat....

...us overturning district court of appeal precedent holding that the trial courts were without discretion). [2] B. As explained in State v. D.H.W ., the sealing of court records is within the exclusive jurisdiction of the judiciary. 686 So.2d at 1335. Section 943.059, Florida Statutes, does not govern a petition to seal court records....

...Pena, 593 So.2d 282, 284 (Fla. 4th DCA 1992) (en banc). C. We certify that we have passed on the following questions of great public importance: *253 WHETHER THE TRIAL COURT HAS THE DISCRETION TO DENY A PETITION TO SEAL NONJUDICIAL CRIMINAL HISTORY RECORDS AS STATED IN SECTION 943.059, FLORIDA STATUTES (SUPP.1994), WHERE THE DENIAL IS JUSTIFIED BY THE SPECIFIC CIRCUMSTANCES OF THE CASE? WHETHER THE TRIAL COURT HAS THE DISCRETION TO DENY A PETITION TO SEAL COURT RECORDS FILED PURSUANT TO FLORIDA RULES OF CRIMINAL PR...

...arges, more particularly the fact that one of the charges was aggravated stalking. It bears mention that the statute has since been amended to preclude the sealing of criminal history records for the offense of stalking or aggravated stalking. See §§ 943.059, 907.041, Fla.Stat....

...[3] The Gonzalez decision discussed the abuse of discretion standard in the context of a petition to seal or expunge under the statute. The same principles would apply in deciding whether to grant a petition to seal or expunge under Rules 3.692 and 3.989. [4] As amended effective July 1, 1995, section 943.059 was amended to state, "A criminal history record that relates to ......

...e. D.H.W. was charged in 1983 with committing grand theft. After he pled nolo contendere, the trial court withheld adjudication and placed D.H.W. on probation. In 1994, D.H.W. filed a petition pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (1993), to seal all criminal history records relating to his case which were in the custody of both courts and nonjudicial agencies. His petition conformed to the requirements of rule 3.692 but not to those of section 943.059, Florida Statutes (1993)....

...dicial criminal history records. [1] After receiving the amended order, the Florida Department of Law Enforcement (FDLE) refused to enforce the order because D.H.W. had not applied for a certificate of eligibility for sealing his records pursuant to section 943.059(2), Florida Statutes (1993), which requires a petitioner for court-ordered sealing to pay a $75 processing fee and to obtain a certificate of eligibility from FDLE....

...W. without requiring D.H.W. to obtain a certificate of eligibility or pay a $75 processing fee. The trial court concluded that the Supreme Court had rejected the statutory certificate and fee requirements as procedural in nature and that, therefore, section 943.059(2), Florida Statutes (1993), was unconstitutional....

...ling of criminal history records held in the custody of courts. Subsequently, the legislature in 1992 repealed section 943.058, Florida Statutes (1991) (governing petitions to expunge and seal), [5] and enacted sections 943.0585 (to expunge) [6] and 943.059 (to seal), [7] providing the new requirements that a petitioner must pay a $75 processing fee and obtain a certificate of eligibility from FDLE to inform trial courts whether specified criminal history records held in nonjudicial agencies are eligible for expunction or sealing. §§ 943.0585, 943.059, Fla.Stat....

...l pertains; (3) has never secured a prior sealing or expunction of a criminal history record; and (4) is no longer under court supervision relating to the disposition of the arrest or alleged criminal activity to which the petition to seal pertains. § 943.059(1)(a), Fla.Stat....

...As we determined in Johnson, the judiciary has exclusive power and responsibility over court records. The legislature has distinguished between judicial records and other criminal history records and has acknowledged this Court's function in establishing its own procedures regarding sealing of judicial records. § 943.059, Fla.Stat....

...y conditions for sealing such records, the citizen is entitled to a court order requiring that the records be sealed. For that reason, we also hold that a citizen who contends that an agency has not issued a certificate of eligibility in accord with section 943.059(2) may petition the court for compliance and have the issue adjudicated....

...itioner has the right to file a petition to require compliance with the statute if an agency refuses to seal the specified records. We hold that the trial court and the district court erred in determining that rule 3.692 superseded the provisions of section 943.059(2), Florida Statutes (1993), requiring a $75 processing fee and an FDLE certificate of eligibility before allowing a petition to order the sealing of nonjudicial criminal history records. Because the sealing order did not meet the requirements of section 943.059(2), the trial court also erred in ordering FDLE to comply with the sealing order....

...immemorial"). We conclude that the balancing of these competing policies is usually sufficiently accomplished by following the procedures of Florida Rule of Criminal Procedure 3.692, which requires a petition supported by an affidavit in accord with section 943.059(1), Florida Statutes (1993), in order to obtain an order for the sealing of judicial records....

...stitutional test for court-ordered sealing of court records. Therefore, we answer the first certified question in the negative and the second question in the affirmative. We quash the decision of the district court regarding the constitutionality of section 943.059(2), Florida *1337 Statutes (1993), and we remand for proceedings consistent with this opinion....

...ns of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition thereof." [3] Rule 3.692 provides in pertinent part as follows: (a) Requirements of Petition. All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing, filed with the clerk....

...[8] In 1993, this Court reviewed a proposed amendment supported by FDLE and offered by The Florida Bar Criminal Procedure Rules Committee requiring that a petition to expunge or seal judicial records be accompanied by a certificate of eligibility from FDLE incorporating new provisions of sections 943.0585 and 943.059, Florida Statutes (Supp.1992)....

...Moore, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. VFD [1] asks us to reverse denial of a petition to expunge records of an arrest. 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....

...ed in all cases." § 943.0585(4), Fla. Stat. (2008). But an order sealing records "does not require that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies." § 943.059(3)(e), Fla....

...*1017 FLETCHER, Judge. Beatrice Godoy and Jorge L. Godoy entered pleas of nolo contendere to an information charging them with voting fraud, [1] and received a sentence of one year of probation, adjudication withheld. They now seek to have the records sealed under section 943.059, Florida Statutes (2002)....

...ystem, therefore, at this time I will use my discretion and deny your motion to seal." Supp. Record at 9. Unfortunately, the trial judge (who had not previously been familiar with the case) did not properly exercise the discretion reserved to him by section 943.059. As set forth in Anderson v. State, 692 So.2d 250, 254 (Fla. 3d DCA 1997): "[T]he exercise of discretion [under section 943.059] contemplates that the court will make its decision based on consideration of all the facts and circumstances, rather than deciding the petition solely on the nature of the charge." It is clear from the trial court's ruling that only the nature of the charge was considered by it....

...charge. Reversed and remanded. NOTES [1] Casting votes from addresses where they did not reside, and with knowledge that they were not qualified electors, contrary to what they swore to on absentee ballots (in the 1997 City of Miami elections). [2] Section 943.059 prohibits the sealing of the records of a number of offenses, but also provides for the exercise of judicial discretion in relation to other offenses....

...Because the trial court’s order does not give specific reasons for denying Gotowala’s petition but is merely based on generalized considerations, we reverse. When a petitioner satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v. State, 692 So. 2d 250, 252 (Fla. 3d DCA 1997). Nonetheless, the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059, Fla....

...ason based on the facts and circumstances for its denial. The appellant was charged with lewd or lascivious molestation. Following a jury trial, he was acquitted of the charge. The appellant petitioned the court to have his record sealed pursuant to section 943.059, Florida Statutes (2005)....

...Done and ordered in open court at Jacksonville, Duval County, Florida, this 25th Day of May 2005. As evidenced by the order above and the State's concession, the trial court did not exercise its discretion based upon factors other than the offense for which the appellant was acquitted pursuant to section 943.059, Florida Statutes....

...mal parts) only: “Having thoroughly reviewed the case and in consideration to the Amended Petition to Seal Criminal History Record, Response, and being fully advised in the premises, this Court denies the Petition to Expunge/Seal, pursuant to F.S. § 943.059.” We reverse and remand....

...preventing her from obtaining employment. The court refused to consider Appellant’s position and denied her petition based on the nature of the initial charge and the corresponding probable cause affidavit. This appeal follows. The sealing of a criminal history is governed by section 943.059 of the Florida Statutes, and Florida Rule of Criminal Procedure 3.692(a)(1). If a petitioner satisfies the requirements of section 943.059 and Rule 3.692(a)(1), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v....

...on the facts and circumstances” of Appellant’s case to deny her petition. In Gotowala v. State, 184 So. 3d 568 (Fla. 4th DCA 2016), the presiding judge denied a petitioner’s request to seal his criminal record although the petitioner satisfied the statutory requirements of section 943.059 and Rule 3.692....

...ERROR PER CURIAM. Based on appellee’s concession of error, we reverse the order denying appellant’s petition to seal records and remand to the trial court for a new hearing prior to July 25, 20151 on appellant’s motion filed pursuant to section 943.059(1), Florida Statutes (2014)....

...The trial court entered an order requiring the State to respond to- the petition. The State filed a response, objecting to sealing the records and arguing that J.A.H. was charged under section 893.135, and therefore was prohibited from having his record sealed pursuant to sections 943.0585 and 943.059, Florida Statutes, and also that J.A.H....

...f [the petitioner's case.” Id. at 570 (alteration in original) (quoting Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003)). We explained: When'a petitioner "satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v. State, 692 So.2d 250, 252 (Fla. 3d DCA 1997). Nonetheless, the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059, Fla....

...d circumstances of the individual case. The State concedes that did not happen in this case. J,A,H.’s alternative, argument on appeal is that the trial court erred in considering the State’s argument, in its re- *887 spouse to the petition, that section 943.059, Florida Statutes (2016), bars J.A.H. from having his record sealed. Section 943.059, Florida Statutes (2016), states: A criminal history record that relates to a violation of ......

...may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act. § 943.059, Fla, Stat....

...The trial court did not hold FDLE in contempt, but entered an order requiring that defendant's criminal history records be expunged. FDLE has appealed. 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....

...[2] The First District reached a contrary conclusion in State v. J.W., 664 So.2d 29 (Fla. 1st DCA 1995). We do not think that J.W. survives the Florida Supreme Court's decision in D.H.W. That is so because the court in D.H.W. said, "Because the sealing order did not meet the requirements of section 943.059(2), the trial court also erred in ordering FDLE to comply with the sealing order." 686 So.2d at 1335.

...The appellant, Marian Elizabeth Rowell, contends that the Florida Department of Law Enforcement (FDLE) erred in refusing to certify her eligibility to have her criminal history sealed. We dismiss the appeal, as we are without jurisdiction to consider it. Pursuant to section 943.059, Florida Statutes (1995), one seeking the sealing of non-judicial criminal history records by court order must first apply for and receive a certificate of eligibility from FDLE....

...ived a letter from FDLE stating that a certificate could not be issued in her case, because she pleaded no contest in 1994 to misdemeanor child abuse, an offense which rendered her criminal history ineligible for sealing under the current version of section 943.059....

...FDLE was merely complying with—or trying to comply with—a legislative mandate to perform a ministerial act and was not otherwise acting on its own authority. See id. Furthermore, according to D.H.W., "a citizen who contends that [FDLE] has not issued a certificate of eligibility in accord with section 943.059(2) may petition the [trial] court for compliance and have the issue adjudicated." 686 So.2d at 1335....

...onths 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....

...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....

...be aware that pursuant to the statute, she could not deny or fail to acknowledge the fact of her arrest on the charges should she seek employment by any district school board. The same holds true for the sealing of her record, which the PTI allowed. Section 943.059(4)(a)(6) provides that the subject of a sealed criminal history record could deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record seeks to be employed by a district school board....

...The trial court withheld adjudication on all charges and sentenced A.B.M. to four years of probation on each offense, all sentences to run concurrently. A.B.M. subsequently filed a verified petition to seal criminal records requesting that the records pertaining to Case No. 94-14009 be sealed pursuant to section 943.059, Florida Statutes (1997)....

...d nonjudicial criminal records in both cases. On appeal, the State concedes that the trial court had the discretion to seal the court records and nonjudicial criminal history records pertinent to A.B.M.'s arrest and charges in Case No. 94-14009. See § 943.059, Fla....

...And, the trial court also had the discretion to seal the court records in Case No 95-863. See D.H.W. The State argues, however, that the trial court erred in sealing the nonjudicial criminal history records in Case No. 95-863 because A.B.M. had failed to obtain a certificate of eligibility from FDLE as required by section 943.059....

...Silva, 691 So.2d 529 (Fla. 3d DCA 1997). The trial court, therefore, erred in sealing the nonjudicial criminal history records relevant to Case No. 95-863 because A.B.M. did not satisfy this condition. A.B.M. argues that the trial court had the discretion, pursuant to section 943.059, *820 to order the sealing of nonjudicial records in that case....

...tory record pertaining to more than one arrest if the additional arrests directly relate to the original arrest." We do not agree that the "additional arrests" in Case No. 95-863 fall within the meaning of that language. We construe that sentence in section 943.059 to apply to additional arrests or charges that stem from one criminal activity or episode where the additional offenses are temporally related or there is some nexus between the offenses....

...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....

...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....

...) ) , ) ) Defendant/Petitioner ) ) ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on petitioner’s petition to seal records concernin...

...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....

...tified 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 943.059, 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 i...

...ORDERED AND ADJUDGED that .....(arresting agency)..... shall seal 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 943.059, 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 .............

...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 ..... section 943.059, Florida Statutes, to .....expunge/seal........

...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. (To be used only when requesting expunction.) The petitioner’s record has been sealed under section 943.059, Florida Statutes, or under former section 943.058, Florida Statues, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, information, or othe...

...We reverse the trial court’s denial of defendant’s petition to seal his criminal record and remand for further proceedings. Here, the trial court summarily denied the petition despite the fact that defendant complied with all of the requirements of section 943.059(1), Florida Statutes (2013) and Florida Rule of Criminal Procedure 3.692, and the State filed a written response of no objection. While the trial court has broad discretion under section 943.059 to deny a petition to seal criminal records, this discretion is not unlimited....

...Keen of Beroset & Keene, Pensacola, for Appellant. Robert A. Butterworth, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee. KAHN, J. Appellant challenges the denial of his petition to seal criminal history records brought under the provisions of section 943.059, Florida Statutes (1997)....

...for record expungement. Upon consideration of the petition, the trial court noted that appellant had been involved in multiple incidents over multiple days and concluded that it lacked jurisdiction to consider the petition. The pertinent portion of section 943.059 provides: The court may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section....

...The statute also speaks to "additional arrests directly [related] to the original arrest." Accordingly, the fact of multiple arrests does not foreclose a record expungement. The Second District has interpreted the "additional arrests" language of the statute: We construe that sentence in section 943.059 to apply to additional arrests or charges that stem from one criminal activity or episode where the additional offenses are temporally related or there is some nexus between the offenses....

...Rather, the court must consider the facts actually established in the petitioner’s case. Grey v. State, 199 So.3d 988, 990 (Fla. 4th DCA 2016) (citing Gotowala v. State, 184 So.3d 568, 570 (Fla. 4th DCA 2016)). Where a petitioner seeks to have his criminal record sealed and meets all the requirements of section 943.059, Florida Statutes, the trial court may in its discretion deny relief but only after holding an evidentiary hearing and providing a sound reason based on the facts and circumstances of the petitioner’s case....

...pled guilty to possession of cocaine, and the circuit court withheld adjudication. *708 The DUI and DWLS charges are currently pending before the county court, and the county court stayed the proceedings pending the resolution of this appeal. On October 19, 2006, pursuant to section 943.059, Florida Statutes (2006), [1] A.J.M....

...e pending, A.J.M. could not attest that he "[h]a[d] 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 seal pertains," as required by section 943.059(2)(d)....

...[2] After the Department declined to issue the certificate of eligibility, A.J.M. petitioned the circuit court to compel the Department to issue the certificate. [3] When the trial court denied the petition, A.J.M. filed the instant appeal. II. Issue This appeal raises the following question: Pursuant to section 943.059(2)(d), can the Department issue a certificate of eligibility to seal a criminal history record where the charge the applicant seeks to seal has been disposed of without an adjudication of guilt, but where the remaining charges stemming from his arrest are still *709 pending? We conclude that based on the clear and unambiguous language of section 943.059(2)(d), the Department cannot issue a certificate of eligibility under these circumstances, and therefore, we affirm the trial court's denial of A.J.M.'s petition to compel the Department to issue the certificate....

...Adventist Health Sys./Sunbelt, Inc., 817 So.2d 961, 962 (Fla.5th DCA 2002) (recognizing that when a statute is clear and unambiguous, a court may not resort to rules of statutory construction, and the "statute must be given its plain and obvious meaning"). A plain reading of section 943.059(2) reflects that it provides that the Department may only issue a certificate of eligibility to seal a criminal history record if certain criteria are met....

...[4] The Department, therefore, correctly declined to issue A.J.M. a certificate of eligibility and the *710 trial court properly denied A.J.M.'s petition to compel the Department to do so. Our reading of the following language in the introductory paragraph to section 943.059 does not alter our interpretation of the statute: "This section does not prevent the court from ordering the sealing of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity....

...and evidence related to the remaining offenses. V. Conclusion Because the trial court properly denied A.J.M.'s petition to compel the Department to issue a certificate of eligibility for sealing, we affirm the order under review. Affirmed. NOTES [1] Section 943.059 provides in pertinent part as follows: (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD....

...ins. .... (d) 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 seal pertains. [2] Subsections (1)(b)2 and (2)(d) are identical. Section 943.059(1) addresses the petition for a court to seal a criminal history record, whereas section 943.059(2) pertains to the application to the Department for a certificate of eligibility for sealing. The person petitioning a court to seal a criminal history record must first obtain a certificate of eligibility from the Department. § 943.059(1)(a) (providing that "[e]ach petition to a court to seal a criminal history record is complete only when accompanied by ......

...Additionally, the state took into consideration that the defendant had no criminal history. The trial court denied the petition because “the facts are egregious.” Below and on appeal, the state does not contest that the defendant’s expungement petition met the requirements of section 943.059, Florida Statutes (2024), and that the defendant was “presumptively entitled to an order to seal or expunge court records.” Grey v....

...On October 4, 1993, two more informations were filed relating to these arrests. Appellee entered into a plea agreement with the State on December 14, 1993, pleading nolo contendere to the charges in the informations. In 1998, Appellee filed a petition to seal his criminal history records pursuant to section 943.059, Florida Statutes (1997). The trial court erroneously construed the statute as prohibiting the sealing of records when the defendant has committed multiple criminal acts. The applicable sentence within section 943.059 states: “The court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.” This court reversed, stating that the trial court should determine whether the Ap-pellee’s additional arrests and charges meet or fail to meet the standard adopted in State v. A.B.M., 742 So.2d 818, 820 (Fla. 2d DCA 1999) (“We construe that sentence in section 943.059 [quoted above] to apply to additional arrests or charges that stem from one criminal activity or episode where the additional offenses are temporally related or there is some nexus between the offenses.”)....

...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....

... 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 ..... section 943.059 Florida Statutes, to .....expunge/seal........

...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. (To be used only when requesting expunction.) The petitioner’s record has been sealed under section 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, information, or other chargi...

...Enforcement, Tallahassee, for Appellee. ORFINGER, J. Nixon Lazard appeals the trial court’s order denying his motion to compel the Florida Department of Law Enforcement (FDLE) to issue a certificate of eligibility to seal his criminal history record under section 943.059(2), Florida Statutes (2016)....

...(2003).1 The trial court withheld adjudication and placed Lazard on one year of probation, which he completed. In 2016, Lazard applied to the FDLE for a certificate of eligibility to seal his criminal history record pertaining to the 2003 charge and plea, pursuant to section 943.059, Florida Statutes (2016)....

...The FDLE sent Lazard a letter stating that it would not issue a certificate because his criminal history related to “a violation enumerated in s.907.041” (specifically, an act of domestic violence), an offense which rendered his criminal history ineligible for sealing under section 943.059....

...and defending its position. Williams, 879 So. 2d at 78. 2 seeks to seal relates to a criminal offense that resulted in physical injury to one family or household member by another family or household member.” Section 943.059, Florida Statutes, establishes the requirements that a petitioner must satisfy to have his or her criminal history record sealed....

...State, 692 So. 2d 250, 251 (Fla. 3d DCA 1997). Under the statute, a person seeking to seal a criminal history record must first request and receive a certificate of eligibility for sealing from the FDLE, and then file a petition to seal the record with the court. § 943.059, Fla. Stat. (2016). In this appeal, we must determine if the FDLE exceeded its authority under section 943.059(2) in denying Lazard’s application based on its determination that his record related to an act of domestic violence. We review questions of statutory interpretation de novo....

...2013), and consider the statute as a whole, rather than piece-by-piece, State v. Mason, 979 So. 2d 301, 303 (Fla. 5th DCA 2008). We also “construe related statutory provisions in harmony with one another.” Larimore v. State, 2 So. 3d 101, 106 (Fla. 2008). Under section 943.059(2), the FDLE “shall issue” a certificate of eligibility, provided that the applicant: (a) Has submitted to the department a certified copy of the disposition of the charge to which the petition to sea...

...943.058. (f) Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to seal pertains. Once the applicant receives the certificate of eligibility, he or she then petitions the court to seal the record. § 943.059, Fla....

...However, criminal records that “relate to” certain enumerated offenses, such as violations listed in section 907.041, Florida Statutes, which includes an act of domestic violence, cannot be sealed by the court. Id. Here, the FDLE should have issued the certificate because Lazard satisfied the conditions of section 943.059(2)....

...4th DCA 2016). 4  For these reasons, we reverse the trial court’s order denying Lazard’s motion to compel and remand for entry of an order granting the motion to compel because Lazard is statutorily eligible for a certificate of eligibility under section 943.059(2). REVERSED and REMANDED. COHEN, C.J....

...Thus, she denied the motion to seal records without prejudice. The defendant then renewed his motion in 1995. Only at the request of the state did the defendant file an additional motion. Earlier in 1995, when the subsequent motion was filed, the statute had been amended; the new statute, section 943.059, Florida Statutes (1995), did not permit sealing of records when the defendant had been charged with a violation of section 800.04, Florida Statutes....

...ent jurisdiction. You have asked whether criminal history records that have been ordered expunged may be maintained in a sealed file. Clearly the statute requires the physical destruction or obliteration of records subject to an order of expunction. Section 943.059 , Florida Statutes, provides for the sealing of certain criminal history records and, if the police department has been ordered by a judge to seal criminal history records, the procedure in section 943.059 , Florida Statutes, should be followed....

...The State of Florida has filed a petition for writ of common-law certiorari seeking relief from the trial court’s judgment holding the Florida Department of Law Enforcement (FDLE) in contempt for failure to obey an order sealing the respondent’s (J.W.) criminal records pursuant to section 943.059, Florida Statutes (Supp.1994)....

...pled nolo contendere to the offense of aggravated battery and was placed on five years of probation with adjudication of guilt withheld. On February 10, 1993, J.W. received notice of the expiration of her term of supervision. On October 20, 1994, J.W. filed a petition to expunge or seal her criminal history records. § 943.059(1), Fla.Stat.; Fla.R.Crim.P....

...f records. The court ordered J.W.’s criminal history records to be sealed. On December 8, 1994, FDLE filed a Notification of Return of Seal alleging 1) that J.W. had not applied for a certificate of eligibility as required by sections 943.0585 and 943.059, Florida Statutes, and 2) that FDLE lacked J.W.’s fingerprint card, which FDLE deemed essential to a positive confirmation of the existence or non-existence of a criminal history record....

...ereby J.W. sought to seal or expunge her criminal history records. Florida statutory law provides that the sealing or expunction of records is a matter as to which subject-matter jurisdiction has been vested in the circuit court. §§ 943.0585 & 943.059, Fla....

...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....

...on-(date)- Circuit Court Judge (c) Order to Seal. In the Circuit Court of the .... Judicial Circuit, in and for. County, Florida Case No.: . Division. State of Florida, Plaintiff, v. Defendant/Petitioner. Defendant/Petitioner. *508 ORDER TO SEAL RECORDS -PURSUANT-T-QUNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date upon petitioner’s petition to seal records concerning the petitioner’s arrest on the .......

...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 943.059, 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 seal 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 943.059, Florida Statutes, and Florida Rule of Criminal Procedure 3.692....

...County, Florida Case NumberNo.:_ Division_ State of Florida, Plaintiff, v. Defendant/Petitioner. PETITION TO EXPUNGE OR SEAL The petitioner, ., by and through the undersigned attorney, peti *509 tions this honorable court, pursuant-tounder Florida Rule of Criminal Procedure 3.692 and section .... 948.0585, or .... section 943.059 Florida Statutes, to .......

...arable 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. (To be used only when requesting expunction.) SuehThe petitioner’s record has been sealed under section 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, er-information, or other cha...

...While we agree with this general proposition, Johnson is only the beginning of our analysis. For purposes of a petition to seal, a distinction must be made between (a) nonjudicial criminal history records, and (b) court records. The sealing of nonjudicial criminal history records, is controlled by section 943.059, Florida Statutes....

...ht. Each of these forms contains language setting forth that the petitioner must not have previously secured an order sealing records: PETITION TO EXPUNGE OR SEAL * * * The petitioner has not secured a prior records . . . sealing under section . . . 943.059, Florida Statutes . . . or any other law, rule, or authority. Fla. R.Crim. P. 3.989(d). AFFIDAVIT * * * I have never secured a prior records . . . sealing under any law. Fla. R.Crim. P. 3.989(a). ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 * * * The petitioner has not secured a prior records ....

PER CURIAM. We reverse the trial court’s order denying the state’s motion to modify its prior order granting expunction of a criminal record. As the state argued below, appellant is entitled only to have his record sealed. See , § 943.059, Fla....

...he had been convicted under section 893.135. The defendant responded that section 943.0583 identified crimes for which expunction was unavailable, but a conviction under section 893.135 was not one of them. The trial court denied the petition. The trial court quoted section 943.059, Florida Statutes — a statute not invoked by the defendant — as providing criminal history records under section 893.135 are not eligible to be sealed. • The Motion for Rehearing The defendant promptly moved for rehearing, explaining he requested human trafficking victim expunction pursuant to section 943.0583, not section 943.059....

...case held, unless the constitutional issues are specifically raised in a proceeding. D.H.W., 686 So.2d at 1336. In this case, specific constitutional issues were not raised. Thus, according to D.H.W., all of appellee’s records may be sealed once the requirements of section 943.059, Florida Statutes (Supp.1994), are met. D.H.W., 686 So.2d at 1336. Since appellee filed his petition to seal in October of 1994, the 1994 statute pertaining to the sealing of records applies. See State v. Greenberg, 564 So.2d 1176 (Fla. 3d DCA 1990). Section 943.059, Florida Statutes (Supp.1994), states that any court of competent jurisdiction may order a criminal justice agency to seal a criminal history record provided the person who is the subject of the record complies with the requirements of this section. See Fla. R.Crim. P. 3.692(a). Section 943.059(l)(b)2., Florida Statutes (Supp.1994), requires the person seeking to seal his/her record to make a sworn statement attesting that he/she has not been adjudicated guilty of any of the charges stemming from the arrest or alleged criminal activity to which the petition pertains. § 943.059(l)(b)2....

...When a written order does not conform to the trial court’s oral pronouncement, the oral pronouncement controls. Bogan v. State, 462 So.2d 115 (Fla. 2d DCA 1985). Since the oral pronouncement controls, appellee was adjudicated guilty of simple battery and therefore did not fulfill the requirements of section 943.059(l)(b)2....

...of the designated confidential court records in Rule 2.420(c). First, Rivero seeks to seal a part of the online blog post at issue because it “contains information relating to Rivero that was previously sealed by order . . . pursuant to section 943.059, Florida Statutes.” The trial court disagreed and denied Rivero’s motions, relying on Rule 2.420....

...Bar Rule 3-7.2(a)(2). We also observe that while Grieco made admissions to his no-contest plea and to the misdemeanor offense in his responses to the Bar’s investigation, he later denied the same facts in his answer to the Bar complaint. Grieco insists that section 943.059, Florida Statutes (2017), prohibits expunged records from being used as evidence in Bar disciplinary proceedings. He claims that under the 2017 version of section 943.059(4)(a), expunged records may only be introduced in certain enumerated types of proceedings, and that while Bar admission proceedings are enumerated, Bar disciplinary proceedings are not. Grieco misreads the statute. Section 943.059(4)(a) does not say that expunged criminal records are inadmissible in Bar disciplinary proceedings; it merely states that -8- aside from certain enumerated circumstances (such as Bar admission proceedings), a person to whom the statute applies “may lawfully deny or fail to acknowledge the arrests covered by the sealed record.” § 943.059(4)(a), Fla....

teacher's certificate. 2. Section 943.0585 and section 943.059, Florida Statutes, respectively prohibit a

692* and Florida Statutesection_ 943.0585, or_ section 943.59 Florida Statutes, to_expunge/seal_all criminal

PER CURIAM. The State of Florida appeals an order granting appellee’s petition to seal his criminal record stemming from two arrests. Pursuant to section 943.059, Florida Statutes (2011), “[t]he court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.” In State v....

PER CURIAM. We consolidate these appeals and affirm. 1 In both cases, the lower courts sealed juvenile court records upon motions filed pursuant to section 943.059, Florida Statutes (2010) and Florida Rule of Criminal Procedure 3.692....

...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....

...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....

...) ) , ) ) Defendant/Petitioner ) ) ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on petitioner’s petition to seal records concernin...

...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....

...tified 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 943.059, 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 i...

...ORDERED AND ADJUDGED that .....(arresting agency)..... shall seal 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 943.059, 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 .............

...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 ..... section 943.059, Florida Statutes, to .....expunge/seal........

...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. (To be used only when requesting expunction.) The petitioner’s record has been sealed under section 943.059, Florida Statutes, or under former section 943.058, Florida Statues, former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, information, or othe...

PER CURIAM. Sherri L. Puleini, (“Puleini”), appeals the trial court’s order denying her petition to seal her criminal record pursuant to section 943.059, Florida Statutes (2004). We reverse. In this case, where Puleini met all of the requirements of section 943.059, the trial court abused its discretion in denying her petition....

PER CURIAM. This is an appeal from a denial of a motion to seal records in a criminal case. The applicable statute is section 943.059 and it provides in pertinent part that the criminal records of a person can be ordered sealed by the court if certain conditions are met....

ALTENBERND, Judge. The state appeals an order declaring section 943.059(2), Florida Statutes (1993), unconstitutional....

...He was arrested in Pennsylvania and returned to Florida. In November 1983, he pleaded nolo contendere. The trial court withheld adjudication and placed D.H.W. on probation. On July 22,1994, D.H.W. filed a petition to seal pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.059....

...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)....

...- 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 copy of the completed petition, sworn statement, and any other official documentation of the petitioner’s status as a victim of human trafficking, shall be served on the prosecuting attorney and the arresting authority.All relief sought pursuant to section 943.059, Florida Statutes, shall be by written petition, filed with the clerk....

...The petition must be accompanied by: (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 943.059(1), Florida Statutes; (ii) is eligible for a sealing to the best of the petitioner’s knowledge; and (iii) does not have any other petition to seal or expunge a criminal history...

...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....

...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....

..., ) ) Defendant/Petitioner. ) ) ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date on petitioner’s petition to seal records concerning the petitioner’s arrest on ....

...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....

...y 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 943.059, 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 i...

...ORDERED AND ADJUDGED that .....(arresting agency)..... shall seal 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 943.059, 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 .......................

...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 ..... section 943.059 Florida Statutes, to .....expunge/seal........

...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. (To be used only when requesting expunction.) The petitioner’s record has been sealed under section 943.059, Florida Statutes, or under former section 943.058, 893.14, or - 18 - 901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, information, or othe...

...D.H.W. was charged in 1983 with committing grand theft. After he pled nolo conten-dere, the trial court withheld adjudication and placed D.H.W. on probation. In 1994, D.H.W. filed a petition pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (1993), to seal all criminal history records relating to his case which were in the custody of both courts and nonjudieial agencies. His petition conformed to the requirements of rule 3.692 but not to those of section 943.059, Florida Statutes (1993)....

...judieial criminal history records. 1 After receiving the amended order, the Florida Department of Law Enforcement (FDLE) refused to enforce the order because D.H.W. had not applied for a certificate of eligibility for sealing his records pursuant to section 943.059(2), Florida Statutes (1993), which requires a petitioner for court-ordered sealing to pay a $75 processing fee and to' obtain a certificate of eligibility from FDLE....

...W. without requiring D.H.W. to obtain a certificate of eligibility or pay a $75 processing fee. The trial court eoneluded that the Supreme Court had rejected the statutory certificate and fee requirements as procedural in nature and that, therefore, section 943.059(2), Florida Statutes (1993), was unconstitutional....

...sealing of criminal history records held in the custody of courts. Subsequently, the legislature in 1992 repealed section 943.058, Florida Statutes (1991) (governing petitions to expunge and seal), 5 and enacted sections 943.0585 (to expunge) 6 and 943.059 (to seal), 7 providing the new requirements that a petitioner must pay a $75 processing fee and obtain a certificate of eligibility from FDLE to inform trial courts whether specified criminal history records held in nonjudicial agencies are eligible for expunction or sealing. §§ 943.0585, 943.059, Fla.Stat....

...l pertains; (3) has never secured a prior sealing or expunction of a criminal history record; and (4) is no longer under court supervision relating to the disposition of the arrest or alleged criminal activity to which the petition to seal pertains. § 943.059(l)(a), Fla.Stat....

...As we determined in Johnson , the judiciary has exclusive power and responsibility over court records. The legislature has distinguished between judicial records and other criminal history records and has acknowledged this Court’s function in establishing its own procedures regarding sealing of judicial records. § 943.059, Fla.Stat....

...y conditions for sealing such records, the citizen is entitled to a court order requiring that the records be sealed. For that reason, we also hold that a citizen who contends that an agency has not issued a certificate of eligibility in accord with section 943.059(2) may petition the court for compliance and have the issue adjudicated....

...itioner has the right to file a petition to require compliance with the statute if an agency refuses to seal the specified records. We hold that the trial court and the district court erred in determining that rule 3.692 superseded the provisions of section 943.059(2), Florida Statutes (1993), requiring a $75 processing fee and an FDLE certificate of eligibility before allowing a petition to order the sealing of nonjudicial criminal history records. Because the sealing order did not meet the requirements of section 943.059(2), the trial court also erred in ordering FDLE to comply with the sealing order....

...memorial”). We conclude that the balancing of these competing policies is usually sufficiently accomplished by following the procedures of Florida Rule of Criminal Procedure 3.692, which requires a petition supported by an affidavit in accord with section 943.059(1), Florida Statutes (1993), in order to obtain an order for the sealing of judicial records....

...stitutional test for court-ordered sealing of court records. Therefore, we answer the first certified question in the negative and the second question in the affirmative. We quash the decision of the district court regarding the constitutionality of section 943.059(2), Florida *1337 Statutes (1993), and we remand for proceedings consistent with this opinion....

...ns of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition thereof.” . Rule 3.692 provides in pertinent part as follows: (a) Requirements of Petition. All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing, filed with the clerk....

...In 1993, this Court reviewed a proposed amendment supported by FDLE and offered by The Florida Bar Criminal Procedure Rules Committee requiring that a petition to expunge or seal judicial records be accompanied by a certificate of eligibility from FDLE incorporating new provisions of sections 943.0585 and 943.059, Florida Statutes (Supp.1992)....

PER CURIAM. Denise N. Anderson appeals an order affirming the Florida Department of Law Enforcement’s denial of her request for a certificate of eligibility in order to have her criminal history sealed pursuant to section 943.059, Florida Statutes (2010). We must affirm because, as Ms. Anderson concedes, she was adjudicated guilty of a misdemeanor arising out of the criminal activity to which her petition to seal pertained. See § 943.059(1)(b)2., Fla....

...The Miami-Dade County trial court held a hearing and granted respondent’s petition to seal her criminal history record on November 1, 2016. However, FDLE wrote a letter dated December 5, 2016, whereby it returned the trial court’s order to seal the criminal history record, pursuant to section 943.059(3)(d), Florida Statutes (2017), to the trial court, the state attorney on the case, and respondent’s counsel because respondent did not obtain the certificate of eligibility that the statute required....

...the defendant a certificate of eligibility constitutes a departure from the essential requirements of law. FDLE cannot issue respondent a certificate of eligibility because she previously secured an expunction in the Broward case in 2008. Section 943.059, Florida Statutes, titled, “Court-ordered sealing of criminal history records,” controls the sealing of nonjudicial criminal history records.2 Under the statute, the petition to seal a criminal history record must be accompanied by a valid certificate of eligibility for sealing issued by the FDLE. State v. D.H.W., 686 So. 2d 1331, 1334 (Fla. 1996). Thus, before petitioning the court to seal a criminal history record, a petitioner must apply to FDLE for a certificate of eligibility for sealing. § 943.059(2), Fla....

...Stat. (2017). In addition, FDLE shall issue a certificate of eligibility for sealing to a person who is the subject of a criminal history record, only if the person has never secured a prior sealing or expunction of a criminal history record. § 943.059(2)(e), Fla. Stat. (2017); A.J.M. v. Florida Dept. of Law Enf’t, 15 So. 3d 707, 709 (Fla. 3d DCA 2009). Section 943.059(1)(b)3, provides that in addition to a valid certificate of eligibility for sealing issued by the FDLE, each “petition to a court to seal a criminal history record is complete only when accompanied by “the petitioner’s sworn...

...2008, and her records were expunged pursuant to the court’s order. In addition, when respondent filed her petition in Miami-Dade court, the petition could not, and did not, allege she “has never secured a prior sealing or expunction,” as required by section 943.059(1)(a)3. She also could not, and did not, file an affidavit in support of the petition stating that she “has never secured a prior sealing or expunction,” as required by section 943.059(1)(a)3. Accordingly, the trial court erred in compelling FDLE to issue respondent a certificate of eligibility. Section 943.059 further states, “The court may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section.” The statute makes no provision for unsealing a record once it has been sealed by order of the court....

...ecured a prior sealing or expunction.” The plain language of the statute provides that a party who has secured a prior sealing or expunction is ineligible to get a second sealing or 5 expunction. See § 943.059(2)(e), Fla. Stat. (2017). We believe this is true, notwithstanding the subsequent unsealing of the previous criminal history record for any purpose. We are cognizant that Florida recognizes that the purpose of section 943.059 is to give the defendant a second chance....

...immemorial”). Id. at 288 n. 6. However, the statute in question does not “confer any right to the sealing of any criminal history record, and any request for sealing a criminal history record may be denied at the sole discretion of the court.” § 943.059, Fla....

...The trial court withheld adjudication on all charges and sentenced A.B.M. to four years of probation on each offense, all sentences to run concurrently. A.B.M. subsequently filed a verified petition to seal criminal records requesting that the records pertaining to Case No. 94-14009 be sealed pursuant to section 943.059, Florida Statutes (1997)....

...nonjudicial criminal records in both cases. On appeal, the State concedes that the trial court had the discretion to seal the court records and nonjudicial criminal history records pertinent to A.B.M.’s arrest and charges in Case No. 94-14009. See § 943.059, Fla....

...And, the trial court also had the discretion to seal the court records in Case No 95-863. See D.H.W. The State argues, however, that the trial court erred in sealing the nonjudicial criminal history records in Case No. 95-863 because A.B.M. had failed to obtain a certificate of eligibility from FDLE as required by section 943.059....

...Silva, 691 So.2d 529 (Fla. 3d DCA 1997). The trial court, therefore, erred in sealing the nonjudicial criminal history records relevant to Case No. 95-863 because A.B.M. did not satisfy this condition. A.B.M. argues that the trial court had the discretion, pursuant to section 943.059, *820 to order the sealing of nonjudicial records in that case....

...ecord pertaining to more than one arrest if the additional arrests directly relate to the original arrest.” We do not agree that the “additional arrests” in Case No. 95-863 fall within the meaning of that language. We construe that sentence in section 943.059 to apply to additional arrests or charges that stem from one criminal activity or episode where the additional offenses are temporally related or there is some nexus between the offenses....

PER CURIAM. Mark Hunt appeals the denial of his petition to seal the record in case 89-43414B pursuant to section 943.059, Florida Statutes (1995)....

...Hunt argues that because his conviction for driving under the influence came after his crime in case 89-43414B, the trial judge should not have considered the DUI conviction in ruling on Hunt’s petition. We disagree. As the state points out, the DUI conviction came before the petition. Therefore, under section 943.059, the conviction was properly considered by the trial judge. At the time of the Judge’s ruling on the petition, Hunt had “previously been adjudicated guilty of a criminal offense.... ” § 943.059(l)(b)l, Fla.Stat. (1995). Moreover, as the statute clearly provides, “any request for sealing a criminal history record may be denied at the sole discretion of the court.” § 943.059, Fla.Stat....

...preventing her from obtaining employment. The court refused to consider Appellant’s position and denied her petition based on the nature of the initial charge and the corresponding probable cause affidavit. This appeal follows. The sealing of a criminal history is governed by section 943.059 of the Florida Statutes, and Florida Rule of Criminal Procedure 3.692(a)(1). If a petitioner satisfies the requirements of section 943.059 and Rule 3.692(a)(1), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v....

...on the facts and circumstances” of Appellant’s case to deny her petition. In Gotowala v. State, 184 So. 3d 568 (Fla. 4th DCA 2016), the presiding judge denied a petitioner’s request to seal his criminal record although the petitioner satisfied the statutory requirements of section 943.059 and Rule 3.692....

...State, 692 So.2d 250, 252 (Fla. 3d DCA 1997) (“[T]he petition is addressed to the sound discretion of the trial court, and the petition may be denied if there is a good reason for denial based on the facts and circumstances of the individual case.”); see also § 943.059, Fla....