Reasons an Application for Certification 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  must be denied 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.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 or a violation enumerated in s.907.041, 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 or 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.

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