Does your criminal history record relate to any of the following charges?
Arson; Aggravated Assault; Aggravated Battery; Illegal Use of Explosives; Child Abuse or Aggravated Child Abuse; Abuse of an Elderly Person or Disabled Person; Aircraft Piracy; Kidnapping; Homicide; Manslaughter; Sexual Battery; Robbery; Carjacking; Lewd, Lascivious or Indecent Assault or Act Upon or In the Presence of a Child Under the Age of 16; Sexual Activity with a Child Who is 12 years of age or older, but less than 18 years of age; Burglary of a Dwelling; Stalking and Aggravated Stalking; Act of Domestic Violence as defined in §741.28 F.S.; Home Invasion Robbery; Act of Terrorism as defined in §775.30 F.S.; Manufacturing any Substances in Violation of Chapter 893; and Attempting or Conspiring to Commit any of the Above Crimes. |
| |  | If you answered yes, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
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Have you ever been adjudicated guilty of a criminal offense or comparable ordinance violation (including certain driving offenses such as DUI, reckless driving or driving while license suspended)? If you have, you would not be eligible to have your record expunged in the State of Florida. |
| |  | If you answered yes, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
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Were you adjudicated guilty for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains? |
| |  | If you answered yes, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
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Have you completed court supervision applicable to the disposition of the arrest? |
| |  | If you answered yes, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
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Have you ever had a prior sealing or expunction of a criminal history record? |
| |  | If you answered yes, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
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If adjudication was withheld, case was dismissed or you were acquitted after or during trial, you are only eligible to seal your record. After your record has been sealed for a minimum of 10 years, you may apply to have your record expunged. If you answered yes to any of the questions listed above, a Certificate of Eligibility to expunge or seal your criminal history cannot be issued. |
Now What? If you did not answer yes to any of the previous questions, you should be eligible to petition the court to have your record expunged or sealed |
“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 §943.0585 and §943.059, Florida Statutes, and, acting in the capacity of the agency head of the Dept. 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.” - Florida Department of Law Enforcement. |