Application For Certification Of Eligibility - Florida Department Of Law Enforcement Page 3
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6REASONS AN APPLICATION FOR CERTIFICATE OF ELIGIBILITY TO SEAL OR
EXPUNGE A CRIMINAL HISTORY RECORD WILL BE DENIED
Pursuant to Sections s.943.0585 and s.943.059, Florida Statutes, a Certificate of Eligibility to expunge or
seal a criminal history record cannot be issued under any of the following circumstances:
1. The criminal history record reflects that you have been adjudicated guilty of a criminal
offense or comparable ordinance violation or adjudicated delinquent for committing any
felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are
classified as criminal, such as DUI, reckless driving, and (with some exceptions)
driving while license is suspended/canceled/revoked.
2. The criminal history record reflects that you have been adjudicated guilty of or adjudicated
delinquent for committing one or more of the acts stemming from the arrest or alleged
criminal activity to which the application pertains.
3. The criminal history record reflects that you have received a prior sealing or expunction of a
criminal history record under s.943.0585, s.943.059, former s.893.14, former s.901.33,
former s.943.058, or from any jurisdiction outside the state.
4. The criminal history record to which the application pertains relates to a violation of s
393.135, s. 394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.14, s.817.034,
s.825.1025, s.827.071, chapter 839, s.847.0133, s.847.0135, s.847.0145, s.893.135,
s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for
registration as a sexual predator under s.775.21 or for registration as a sexual offender
under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre
(without regard to whether adjudication was withheld).
5. The criminal history record reflects that you have another petition to seal or expunge
pending before a court of competent jurisdiction.
6. The criminal history record reflects that the court supervision applicable to the disposition of
the arrest or alleged criminal activity to which the application pertains has not been
completed.
7. [For expunction only] The criminal history record reflects that some or all of the charges
related to the arrest or criminal activity to which the application pertains were not dismissed
prior to trial, adjudication, or the withholding of adjudication, If no other disqualification
applies, the record would be eligible to be sealed.
PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of
Executive Clemency, declared on June 10, 1999, that the granting of a full pardon does not
remove any condition of ineligibility for sealing or expunging a criminal history record which
would otherwise be imposed by a conviction or withholding of adjudication pursuant to Sections
943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the
Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to
any person receiving a pardon who is otherwise ineligible for the sealing or expunging of the
person’s criminal history record.
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