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  1. #1

    Question Sealing or Expunging a Criminal Record in Florida

    This is in Florida. Please assist, thank you.

    Person was successful obtaining an Order to Expunge certain record(s) in July 2002.

    Now, person wants to petition to seal certain records for an offense (2003) where adjudication was withheld. The offense is not on the exceptions list.

    Question is: Is person eligible to seal record under Title XLVIII, Chapter 943, Section 943.059 of the Florida Criminal Procedure and Correction Statute?

    Under this section, the following provision I question is:

    (e) Has never secured a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058.


    To understand, the Order to Expunge was pursuant to Sec. 943.0585, Florida Statutes and FRCrP 3.692. So this provision does not prevent eligibility to seal because under provision (e):
    • The Order to expunge was NOT pursuant under this section (943.059).
    • No prior sealing under this section (943.059).
    Another question, provision (e) states “former s. 943.058” am I right to understand that this section is not the same as citing Sec. 943.0585, thus I may be eligible to petition for an expunction under Sec. 943.0585 because it is not the same as “943.058.”

    Thank you in advance for your time and response to the above.

  2. #2
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    Default Re: Seal or Expunge in Florida

    The statute speaks for itself. "Former section 943.0585" is not a reference to current section 943.058.

    As you have surely read, you have to apply for a certificate of eligibility before you can petition the court for the sealing of your record. So why don't you do that and see if it is granted?

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