After pleading guilty to possession of cocaine, A.J.M. applied to the Florida Department of Law Enforcement (“FDLE”) for a certificate of eligibility to seal the possession-of-cocaine charge.  He did not, however, apply for a certificate for his other two charges because they were still pending in traffic court.  FDLE therefore denied his request for a certificate of eligibility for the cocaine charge because Florida statute section 943.059 requires that a person applying for a certificate not have been adjudicated guilty for committing any of the acts stemming from the arrest to which a petition to seal pertains.  Because the final outcome for the DUI and the driving-while-license-suspended charges had not been determined when A.J.M. applied for a certificate of eligibility, FDLE did not know whether he would eventually be adjudicated guilty of either or both those charges.  Thus, it denied his request for a certificate of eligibility for the cocaine charge.

          A.J.M. appealed, and Florida’s Third District Court of Appeal stated the issue as being:

“Pursuant to [Florida statute] section 943.059(2)(d), can [FDLE] 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 pending?”

          The appellate court’s answer was no, thereby ruling in favor of FDLE and against A.J.M.  The Court based its decision on the following reasoning:

“The criterion set forth in [Florida statute section 943.059] subsection (2)(d) specifically provides that the applicant is not eligible to seal his criminal history record unless he has not been adjudicated guilty of committing any of the acts stemming from the arrest or any of the alleged criminal activity to which the petition to seal pertains.  Although A.J.M. received a withhold of adjudication on the possession charge, the DUI and DWLS charges he was also arrested for and charged with still remain pending.  A.J.M. therefore may be ultimately adjudicated guilty of one or more of the acts stemming from the arrest.  [FDLE], therefore, correctly declined to issue A.J.M. a certificate of eligibility . . . .”

• Section “A” of the application must be completed and signed in the presence of a notary public;
• The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint card must include the applicant’s name, race, sex, date of birth, social security number, and signature prior to submission to FDLE;
• The applicant must provide a certified disposition of the case that he is applying to have sealed or expunged.
• A nonrefundable money order or cashier’s check in the amount of $75.00 made payable to the FDLE must accompany the application.
• If you are requesting an expunction of a criminal history record, the Office of the State Attorney or the Office of the Statewide Prosecutor with jurisdiction over your case must complete Section “B” of the application. If section “B” is not completed, FDLE will assume that you are attempting to get your criminal history record sealed rather than expunged.

The issuance of the certificate of eligibility is not the final step in the sealing or expunging process nor does it guarantee that a criminal history record will be sealed or expunged.

The final decision about whether or not to seal or expunge a criminal history record is up to the judge who has jurisdiction over your case.

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.

• 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 public unless the juvenile were treated as an adult.
• If certain qualifications are met, juvenile records are subject to an abbreviated retention schedule which results in the automatic expunction of the record after a specified period of time. See Florida Statutes section 943.0515.
• Juvenile defendants who successfully complete a qualified diversion program, as set forth in Florida Statutes section 943.0582, may be eligible for expunction of their record.
• If a person wishes to pursue the judicial sealing or expunction of his or her juvenile record, the eligibility criteria and procedures, which are similar to those for adults, are found in Florida Statutes sections 943.059 and 943.0585.

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 in Florida Administrative Code Rule 11C-8.001.

If you agree that the criminal history information is correct, but believe that the law has been incorrectly applied or interpreted in your case, you may appeal the decision of the FDLE. The appeal of a denial is to be handled within the court of competent jurisdiction.

A Personal Review allows an individual to determine which, if any, date(s) of arrest the applicant will be eligible to have sealed or expunged. However, obtaining a personal review is not a prerequisite to applying for a certificate of eligibility to seal or expunge a criminal history record.