Certificate of Eligibility
Will the Florida Department of Law Enforcement Issue You a Certificate of Eligibility if You Still Have Open Charges?
In the case of A.J.M. v. Florida Department of Law Enforcement, a juvenile (with the initials “A.J.M.”) was pulled over by a police officer for speeding and subsequently arrested for DUI, driving while license suspended, and possession of cocaine. The charge of possession of cocaine was later filed in felony court, while the other […]
In order to obtain a certificate of eligibility so that you may, in turn, petition the court to seal or expunge your criminal history record, you or your attorney must do the following things pursuant to Florida statutes sections 943.0585(2) and 943.059(2): Section “A” of the application must be completed and signed in the presence […]
Once FDLE has issued the certificate of eligibility to seal or expunge a criminal history record, you or your attorney must file a petition for relief along with the certificate of eligibility anda required affidavit in the court in the county where the arrest occurred. The issuance of the certificate of eligibility is not the […]
How long does it typically take to receive a response from my application for a certificate of eligibility?
The current processing time is 30 working days or less from the date the application is received, processed, and mailed back to the applicant. However, it has been my experience that FDLE often takes up to a couple of months to respond to an application to seal or expunge a criminal history record.
Do I have to apply for a certificate of eligibility to have my juvenile criminal history record sealed or expunged?
The following considerations are relevant in deciding whether to apply to have a juvenile criminal history record sealed or expunged: Prior to October 1, 1994 (for felonies) and July 1, 1996 (for specified misdemeanors), juvenile arrest records were not maintained by FDLE in the criminal-history record system and would not be available to the general […]
Can I appeal the denial of my application for a Certificate of Eligibility to seal or expunge my criminal history record?
If you believe that the denial of your application for Certification of Eligibility is in error, you may ask that the denial be reviewed. If the denial is based on information in your criminal history record that is believed to be in error or incomplete, the procedure for reviewing and correcting that record is given […]
Should I obtain a copy of my criminal history record prior to applying for a Certificate of Eligibility?
Under Florida and federal law, an individual has the right to request a copy of his or her criminal history record for purposes of review to ensure that it is both accurate and complete. This process is known as a Personal Review. The requestor may examine the record obtained through Personal Review for accuracy and […]