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Florida Statute 943.059 | Lawyer Caselaw & Research
F.S. 943.059 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.059
943.059 Court-ordered sealing of criminal history records.
(1) ELIGIBILITY.A person is eligible to petition a court to seal a criminal history record when:
(a) The criminal history record is not ineligible for court-ordered sealing under s. 943.0584.
(b) The person has never, before the date the application for a certificate of eligibility is filed, been adjudicated guilty in this state of a criminal offense, or been adjudicated delinquent in this state for committing any felony or any of the following misdemeanor offenses, unless the record of such adjudication of delinquency has been expunged pursuant to s. 943.0515:
1. Assault, as defined in s. 784.011;
2. Battery, as defined in s. 784.03;
3. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a);
4. Carrying a concealed weapon, as defined in s. 790.01(2);
5. Open carrying of a weapon, as defined in s. 790.053;
6. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s. 790.115;
7. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1);
8. Unlawful possession of a firearm by a minor, as defined in s. 790.22(5);
9. Exposure of sexual organs, as defined in s. 800.03;
10. Arson, as defined in s. 806.031(1);
11. Petit theft, as defined in s. 812.014(3);
12. Neglect of a child, as defined in s. 827.03(1)(e); or
13. Cruelty to animals, as defined in s. 828.12(1).
(c) The person has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.
(d) The person is no longer under court supervision applicable to the disposition of arrest or alleged criminal activity to which the petition to seal pertains.
(e) The person has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.0585, former s. 893.14, former s. 901.33, or former s. 943.058.
(2) CERTIFICATE OF ELIGIBILITY.Before petitioning the court to seal a criminal history record, a person seeking to seal a criminal history record must apply to the department for a certificate of eligibility for sealing. The department shall adopt rules relating to the application for and issuance of certificates of eligibility for sealing.
(a) The department shall issue a certificate of eligibility for sealing to a person who is the subject of a criminal history record if that person:
1. Satisfies the eligibility criteria in paragraphs (1)(a)-(e) and is not ineligible for court-ordered sealing under s. 943.0584.
2. Has submitted to the department a certified copy of the disposition of charge to which the petition pertains.
3. Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.
(b) A certificate of eligibility for sealing is valid for 12 months after the date stamped on the certificate when issued by the department. After that time, the petitioner must reapply to the department for a new certificate of eligibility. The status of the applicant and the law in effect at the time of the renewal application determine the petitioner’s eligibility.
(3) PETITION.Each petition to a court to seal a criminal history record is complete only when accompanied by:
(a) A valid certificate of eligibility issued by the department pursuant to this section.
(b) The petitioner’s sworn statement that the petitioner:
1. Satisfies the eligibility requirements for sealing in subsection (1).
2. Is eligible for sealing to the best of his or her knowledge and does not have any other petition to seal or expunge a criminal history record pending before any court.

Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) COURT AUTHORITY.
(a) The courts of this state have jurisdiction over their own procedures, including the maintenance, sealing, and correction of judicial records containing criminal history information to the extent that such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.
(b) Any court of competent jurisdiction may order a criminal justice agency to seal the criminal history record of a minor or an adult who complies with the requirements of this section. The court may not order a criminal justice agency to seal a criminal history record until the person seeking to seal a criminal history record has applied for and received a certificate of eligibility pursuant to subsection (2).
(c) The court may order the sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only, except the court may order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not seal any record pertaining to such additional arrests if the order to seal does not articulate the intention of the court to seal a record pertaining to more than one arrest. This section does not prevent the court from ordering the sealing of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity.
(d) Notwithstanding any law to the contrary, a criminal justice agency may comply with laws, court orders, and official requests of other jurisdictions relating to sealing, correction, or confidential handling of criminal history records or information derived therefrom.
(e) This section does not confer any right to the sealing of any criminal history record, and any request for sealing of a criminal history record may be denied at the sole discretion of the court.
(5) PROCESSING OF A PETITION OR ORDER.
(a) In judicial proceedings under this section, a copy of the completed petition to seal shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to seal.
(b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency. The arresting agency is responsible for forwarding the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains. The department shall forward the order to seal to the Federal Bureau of Investigation. The clerk of the court shall certify a copy of the order to any other agency that the records of the court reflect has received the criminal history record from the court.
(c) The department or any other criminal justice agency is not required to act on an order to seal entered by a court when such order does not comply with the requirements of this section. Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner’s attorney, and the arresting agency of the reason for noncompliance. The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order. No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to seal when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section.
(6) EFFECT OF ORDER.
(a) A criminal history record of a minor or an adult which is ordered sealed by a court pursuant to this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the following persons:
1. The subject of the record;
2. The subject’s attorney;
3. Criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law;
4. Judges in the state courts system for the purpose of assisting them in their case-related decisionmaking responsibilities, as set forth in s. 943.053(5); or
5. To those entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for their respective licensing access authorization and employment purposes.
(b) The subject of the criminal history record sealed under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Concurrently or subsequently petitions for relief under this section, s. 943.0583, or s. 943.0585;
4. Is a candidate for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
6.a. Is seeking to be employed or licensed by, or contract with, the Department of Education, a district unit under s. 1001.30, a special district unit under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, a virtual instruction program under s. 1002.45, a charter school under s. 1002.33, a hope operator under s. 1002.333, an alternative school under s. 1008.341, a private or parochial school, or a local governmental entity that licenses child care facilities;
b. Is seeking to be employed or used by a contractor or licensee under sub-subparagraph a.; or
c. Is a person screened under s. 1012.467;
7. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law;
8. Is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services;
9. Is seeking to be appointed as a guardian pursuant to s. 744.3125; or
10. Is seeking to be licensed by the Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm. This subparagraph applies only in the determination of an applicant’s eligibility under s. 790.06.
(c) Subject to the exceptions in paragraph (b), a person who has been granted a sealing under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge a sealed criminal history record.
(d) Information relating to the existence of a sealed criminal history record provided in accordance with paragraph (b) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the sealed criminal history record to the entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for their respective licensing, access authorization, and employment purposes. An employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph (b)10. may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. A person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 4, ch. 92-73; s. 44, ch. 93-39; s. 3, ch. 94-127; s. 20, ch. 94-154; s. 96, ch. 94-209; s. 4, ch. 95-427; s. 53, ch. 96-169; s. 8, ch. 96-402; s. 444, ch. 96-406; s. 1848, ch. 97-102; s. 58, ch. 98-280; s. 116, ch. 99-3; s. 10, ch. 99-188; s. 5, ch. 99-300; s. 17, ch. 99-304; s. 3, ch. 2000-246; s. 28, ch. 2000-320; s. 5, ch. 2001-127; s. 1, ch. 2002-212; ss. 9, 98, ch. 2004-267; s. 2, ch. 2004-295; s. 23, ch. 2005-128; s. 119, ch. 2006-120; s. 11, ch. 2006-176; s. 28, ch. 2006-195; s. 110, ch. 2006-197; s. 6, ch. 2008-249; s. 9, ch. 2009-171; s. 8, ch. 2010-31; s. 18, ch. 2012-73; s. 19, ch. 2012-215; s. 5, ch. 2013-98; s. 26, ch. 2013-116; s. 170, ch. 2014-17; s. 36, ch. 2014-123; s. 7, ch. 2014-124; s. 19, ch. 2014-147; s. 28, ch. 2014-160; s. 2, ch. 2018-101; s. 51, ch. 2019-167; s. 54, ch. 2021-51; s. 6, ch. 2022-154; s. 34, ch. 2023-18.

F.S. 943.059 on Google Scholar

F.S. 943.059 on Casetext

Amendments to 943.059


Arrestable Offenses / Crimes under Fla. Stat. 943.059
Level: Degree
Misdemeanor/Felony: First/Second/Third

S943.059 1 - PERJURY - RENUMBERED. SEE REC # 8785 - F: T
S943.059 3b - FRAUD-FALSE STATEMENT - PROVIDE FALSE INFO SWORN SEAL STATEMENT - F: T
S943.059 4c - INVADE PRIVACY - RENUMBERED. SEE REC # 8786 - M: F
S943.059 6d - INVADE PRIVACY - DISCLOSE INFO FROM SEALED CRIMINAL RECORD - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . SEAL OR EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0585-943.059 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 or 943.059 . . . The petitioner has not secured a prior records expunction or sealing under section 943.0585 , or 943.059 . . . The petitioner's record has been sealed under section 943.059, Florida Statutes,or under former section . . .

RIVERO, v. FARACH,, 247 So. 3d 632 (Fla. App. Ct. 2018)

. . . contains information relating to Rivero that was previously sealed by order ... pursuant to section 943.059 . . .

LAZARD, v. STATE, 229 So. 3d 439 (Fla. Dist. Ct. App. 2017)

. . . Enforcement (FDLE) to issue a certifícate of eligibility to seal' his criminal history record under section 943.059 . . . Section 943.059, Florida’Statutes, establishes the requirements that a petitioner must satisfy to have . . . eligibility for sealing from the FDLE, and then file a petition to seal the record with the court. § 943.059 . . . In this appeal, we must determine if the FDLE exceeded its authority under section 943.059(2) in denying . . . Under section 943.059(2), the FDLE “shall issue” a certificate of eligibility, provided that the applicant . . .

GOTOWALA, v. STATE, 220 So. 3d 1212 (Fla. Dist. Ct. App. 2017)

. . . Where a petitioner seeks to have his criminal record sealed and meets all the requirements of section 943.059 . . .

J. A. H. v. STATE, 198 So. 3d 884 (Fla. Dist. Ct. App. 2016)

. . . 893.135, and therefore was prohibited from having his record sealed pursuant to sections 943.0585 and 943.059 . . . the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059 . . . trial court erred in considering the State’s argument, in its re-spouse to the petition, that section 943.059 . . . Section 943.059, Florida Statutes (2016), states: A criminal history record that relates to a violation . . . to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act. § 943.059 . . .

GREY, v. STATE, 199 So. 3d 988 (Fla. Dist. Ct. App. 2016)

. . . The sealing of a criminal history is governed by section 943.059 of the Florida Statutes, and Florida . . . If a petitioner satisfies the requirements of section 943.059 and Rule 3.692(a)(1), the petitioner is . . . to seal his criminal record although the petitioner satisfied the statutory requirements of section 943.059 . . .

GOTOWALA, v. STATE, 184 So. 3d 568 (Fla. Dist. Ct. App. 2016)

. . . petitioner satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059 . . . the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE, 176 So. 3d 980 (Fla. 2015)

. . . honorable court, under Florida Rule of Criminal Procedure 3.692 and section . 943.0585, or . section 943.059 . . . The petitioner has not secured a pri- or records expunction or sealing under section 943.0585, or 943.059 . . . The petitioner’s record has been sealed under section 943.059, Florida Statutes, former section 943.058 . . .

BORG, v. STATE, 169 So. 3d 261 (Fla. Dist. Ct. App. 2015)

. . . trial court for a new hearing prior to July-25, 2015 on appellant’s motion filed pursuant to section 943.059 . . .

GOTOWALA, v. STATE, 162 So. 3d 33 (Fla. Dist. Ct. App. 2014)

. . . denied the petition despite the fact that defendant complied with all of the requirements of section 943.059 . . . While the trial court has broad discretion under section 943.059 to deny a petition to seal criminal . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 137 So. 3d 1015 (Fla. 2014)

. . . The Committee responds that the comment’s distinction between section 943.0583 and sections 943.0585-943.059 . . . EXPUNGE (a) Requirements of Petition. (1) All relief sought by reason of sections 943.0583943.0585-943.059 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 132 So. 3d 123 (Fla. 2013)

. . . All relief sought by reason of sections 943.0585943.0583-943.059, Florida Statutes, shall be by written . . .

STATE v. C. B., 117 So. 3d 844 (Fla. Dist. Ct. App. 2013)

. . . Pursuant to section 943.059, Florida Statutes (2011), “[t]he court may, at its sole discretion, order . . .

SHANKS, v. STATE, 82 So. 3d 1226 (Fla. Dist. Ct. App. 2012)

. . . . § 943.059.” We reverse and remand. Earlier Mr. . . .

N. ANDERSON, v. STATE, 69 So. 3d 982 (Fla. Dist. Ct. App. 2011)

. . . request for a certificate of eligibility in order to have her criminal history sealed pursuant to section 943.059 . . . See § 943.059(1)(b)2., Fla. Stat. (2010). . . .

STATE v. S. A. B. a v. J. C. C. a, 65 So. 3d 1160 (Fla. Dist. Ct. App. 2011)

. . . In both cases, the lower courts sealed juvenile court records upon motions filed pursuant to section 943.059 . . .

IRWIN, v. MIAMI- DADE COUNTY PUBLIC SCHOOLS,, 398 F. App'x 503 (11th Cir. 2010)

. . . . § 943.059(4)(a)(6). . . . Stat. § 943.059(4)(a)(6); cf. Tosh v. . . .

CLINE, v. STATE, 37 So. 3d 327 (Fla. Dist. Ct. App. 2010)

. . . The sealing of nonjudicial criminal history records, is controlled by section 943.059, Florida Statutes . . . PETITION TO EXPUNGE OR SEAL The petitioner has not secured a prior records ... sealing under section ... 943.059 . . . ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE . . .

FISHER, v. STATE, 20 So. 3d 1032 (Fla. Dist. Ct. App. 2009)

. . . cited section 943.0585, Florida Statutes (2007), which concerns ex-punction of records, or section 943.059 . . .

VFD, v. STATE, 19 So. 3d 1172 (Fla. Dist. Ct. App. 2009)

. . . review of an order which, while it directed the Jacksonville Sheriffs Office, in accordance with section 943.059 . . . such record shall continue to be maintained by the department and other criminal justice agencies.” § 943.059 . . .

A. J. M. v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 15 So. 3d 707 (Fla. Dist. Ct. App. 2009)

. . . On October 19, 2006, pursuant to section 943.059, Florida Statutes (2006), A.J.M. applied to the Department . . . arrest or alleged criminal activity to which the petition to seal pertains,” as required by section 943.059 . . . We conclude that based on the clear and unambiguous language of section 943.059(2)(d), the Department . . . A plain reading of section 943.059(2) reflects that it provides that the Department may only issue a . . . Our reading of the following language in the introductory paragraph to section 943.059 does not alter . . .

BLACKMAN, v. STATE, 7 So. 3d 650 (Fla. Dist. Ct. App. 2009)

. . . See §§ 943.0585, 943.059, Florida Statutes (2008). It is impossible to determine from Ms. . . .

L. PULCINI, v. STATE, 949 So. 2d 1150 (Fla. Dist. Ct. App. 2007)

. . . appeals the trial court’s order denying her petition to seal her criminal record pursuant to section 943.059 . . . In this case, where Puleini met all of the requirements of section 943.059, the trial court abused its . . .

COLE, v. STATE, 941 So. 2d 549 (Fla. Dist. Ct. App. 2006)

. . . The appellant petitioned the court to have his record sealed pursuant to section 943.059, Florida Statutes . . . based upon factors other than the offense for which the appellant was acquitted pursuant to section 943.059 . . .

STATE v. N. DEMPSEY,, 916 So. 2d 856 (Fla. Dist. Ct. App. 2005)

. . . expunction pursuant to section 943.0585, Florida Statutes (1992), but could be sealed pursuant to section 943.059 . . . expungement pursuant to Section 943.0585, Florida Statutes (1992)[sic], but may be sealed pursuant to Section 943.059 . . . Section 943.059(4)(a)(6) provides that the subject of a sealed criminal history record could deny or . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RIGAU,, 901 So. 2d 339 (Fla. Dist. Ct. App. 2005)

. . . Rigau argues that the trial court’s authority to seal these records is found in sections 943.0585 and 943.059 . . . Sections 943.0585 and 943.059 specifically refer to the sealing and expunging of “criminal history information . . . license is not criminal in nature, these records do not fall within the scope of sections 943.0585 and 943.059 . . .

DIAZ, v. STATE, 898 So. 2d 1214 (Fla. Dist. Ct. App. 2005)

. . . .”); see also § 943.059, Fla. . . .

FRANKLIN, v. STATE, 887 So. 2d 1063 (Fla. 2004)

. . . felonies, s. 943.0585, F.S., relating to court-ordered expunction of criminal history records, and s. 943.059 . . .

L. NORTON, SR. v. STATE, 857 So. 2d 273 (Fla. Dist. Ct. App. 2003)

. . . 943.0585(2), Florida Statutes (2002) relates to the expunction of criminal history records, and section 943.059 . . .

GODOY L. v. STATE, 845 So. 2d 1016 (Fla. Dist. Ct. App. 2003)

. . . They now seek to have the records sealed under section 943.059, Florida Statutes (2002). . . . previously been familiar with the case) did not properly exercise the discretion reserved to him by section 943.059 . . . State, 692 So.2d 250, 254 (Fla. 3d DCA 1997): “[T]he exercise of discretion [under section 943.059] contemplates . . . Section 943.059 prohibits the sealing of the records of a number of offenses, but also provides for the . . .

STATE v. DINKINS, Jr., 794 So. 2d 736 (Fla. Dist. Ct. App. 2001)

. . . In 1998, Appellee filed a petition to seal his criminal history records pursuant to section 943.059, . . . The applicable sentence within section 943.059 states: “The court may, at its sole discretion, order . . . A.B.M., 742 So.2d 818, 820 (Fla. 2d DCA 1999) (“We construe that sentence in section 943.059 [quoted . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . ORDER TO SEAL RECORDS -PURSUANT-T-QUNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL . . . County, who will comply with the procedures set forth in section 943.059, Florida Statutes, and appropriate . . . pursuant-tounder Florida Rule of Criminal Procedure 3.692 and section .... 948.0585, or .... section 943.059 . . . The petitioner has not secured a pri- or records expunction or sealing under section 943.0585, or 943.059 . . . SuehThe petitioner’s record has been sealed under section 943.059, Florida Statutes, former section 943.058 . . .

STATE v. S. C., 762 So. 2d 1008 (Fla. Dist. Ct. App. 2000)

. . . All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing . . . follow the procedure established in Florida Rule of Criminal Procedure 3.692 and sections 943.0585 and 943.059 . . .

J. DINKINS, Jr. v. STATE, 764 So. 2d 693 (Fla. Dist. Ct. App. 2000)

. . . the denial of his petition to seal criminal history records brought under the provisions of section 943.059 . . . The pertinent portion of section 943.059 provides: The court may only order sealing of a criminal history . . . interpreted the “additional arrests” language of the statute: We construe that sentence in section 943.059 . . .

STATE v. WAGES,, 757 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

. . . See , § 943.059, Fla. Stat. (1999). . . .

B. SHOCK, v. STATE, 750 So. 2d 769 (Fla. Dist. Ct. App. 2000)

. . . The applicable statute is section 943.059 and it provides in pertinent part that the criminal records . . .

STATE v. A. B. M., 742 So. 2d 818 (Fla. Dist. Ct. App. 1999)

. . . criminal records requesting that the records pertaining to Case No. 94-14009 be sealed pursuant to section 943.059 . . . See § 943.059, Fla. Stat. (1997); State v. D.H.W., 686 So.2d 1331 (Fla.1996). . . . 863 because A.B.M. had failed to obtain a certificate of eligibility from FDLE as required by section 943.059 . . . A.B.M. argues that the trial court had the discretion, pursuant to section 943.059, to order the sealing . . . We construe that sentence in section 943.059 to apply to additional arrests or charges that stem from . . .

ROWELL, v. STATE FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 700 So. 2d 1242 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 943.059, Florida Statutes (1995), one seeking the sealing of nonjudicial criminal . . . offense which rendered her criminal history ineligible for sealing under the current version of section 943.059 . . . citizen who contends that [FDLE] has not issued a certificate of eligibility in accord with section 943.059 . . .

STATE v. GOODRICH,, 693 So. 2d 1093 (Fla. Dist. Ct. App. 1997)

. . . Thus, according to D.H.W., all of appellee’s records may be sealed once the requirements of section 943.059 . . . Section 943.059, Florida Statutes (Supp.1994), states that any court of competent jurisdiction may order . . . Section 943.059(l)(b)2., Florida Statutes (Supp.1994), requires the person seeking to seal his/her record . . . the charges stemming from the arrest or alleged criminal activity to which the petition pertains. § 943.059 . . . was adjudicated guilty of simple battery and therefore did not fulfill the requirements of section 943.059 . . .

J. ANDERSON, v. STATE, 692 So. 2d 250 (Fla. Dist. Ct. App. 1997)

. . . See § 943.059(2), Fla.Stat. (Supp.1994). . . . Id. § 943.059(1). The defendant must obtain a certificate of eligibility for sealing. . . . . § 943.059(2). . . . Id. § 943.059 (emphasis added). . . . Section 943.059, Florida Statutes, does not govern a petition to seal court records. . . .

STATE v. SILVA,, 691 So. 2d 529 (Fla. Dist. Ct. App. 1997)

. . . D.H.W., 686 So.2d 1331 (Fla.1996), which interpreted section 943.059, Florida Statutes (1993), the statute . . . Section 943.059 is substantially identical to section 943.0585, regulating court-ordered expunction of . . . because the court in D.H.W. said, "Because the sealing order did not meet the requirements of section 943.059 . . .

STATE v. D. H. W., 686 So. 2d 1331 (Fla. 1996)

. . . In 1994, D.H.W. filed a petition pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.059 . . . His petition conformed to the requirements of rule 3.692 but not to those of section 943.059, Florida . . . D.H.W. had not applied for a certificate of eligibility for sealing his records pursuant to section 943.059 . . . the statutory certificate and fee requirements as procedural in nature and that, therefore, section 943.059 . . . Because the sealing order did not meet the requirements of section 943.059(2), the trial court also erred . . .

STATE v. J. C. H., 680 So. 2d 606 (Fla. Dist. Ct. App. 1996)

. . . 1995, when the subsequent motion was filed, the statute had been amended; the new statute, section 943.059 . . .

HUNT, v. STATE, 670 So. 2d 1180 (Fla. Dist. Ct. App. 1996)

. . . Mark Hunt appeals the denial of his petition to seal the record in case 89-43414B pursuant to section 943.059 . . . Therefore, under section 943.059, the conviction was properly considered by the trial judge. . . . ruling on the petition, Hunt had “previously been adjudicated guilty of a criminal offense.... ” § 943.059 . . . request for sealing a criminal history record may be denied at the sole discretion of the court.” § 943.059 . . .

STATE v. D. H. W., 666 So. 2d 564 (Fla. Dist. Ct. App. 1995)

. . . The state appeals an order declaring section 943.059(2), Florida Statutes (1993), unconstitutional. . . . 22,1994, D.H.W. filed a petition to seal pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.059 . . .

STATE v. J. W., 664 So. 2d 29 (Fla. Dist. Ct. App. 1995)

. . . contempt for failure to obey an order sealing the respondent’s (J.W.) criminal records pursuant to section 943.059 . . . On October 20, 1994, J.W. filed a petition to expunge or seal her criminal history records. § 943.059 . . . 1) that J.W. had not applied for a certificate of eligibility as required by sections 943.0585 and 943.059 . . . matter as to which subject-matter jurisdiction has been vested in the circuit court. §§ 943.0585 & 943.059 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 639 So. 2d 15 (Fla. 1994)

. . . ORDER TO SEAL RECORDS PURSUANT TO FLORIDA -STAT-U-TESECTION 943.059, FLORIDA STATUTES, AND ERCPFLORIDA . . . Defendantpetitioner has not secured a prior records expunction or sealing under this-Ssection 943.0585, or 943.059 . . . Such record has been sealed under this — Sseetion 943.059, Florida Statutes, former section 943.058, . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND, 630 So. 2d 552 (Fla. 1993)

. . . . §§ 943.0585, 943.059, Fla.Stat. (1992). . . . some of the other substantive prerequisites for sealing or expunction because sections 943.0585(2) and 943.059 . . .

MANTILLA, v. STATE, 615 So. 2d 809 (Fla. Dist. Ct. App. 1993)

. . . Ch. 92-73, §§ 3-5, Laws of Fla., creating §§ 943.0585 and 943.059, Fla.Stat. . . . Subsections 943.0585(1) and 943.059(1) say only that a petition is “complete” when accompanied by the . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . (amending §§ 943.0585(1) and 943.059(1), Fla. . . .