The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . contains information relating to Rivero that was previously sealed by order ... pursuant to section 943.059 . . .
. . . 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 . . .
. . . Where a petitioner seeks to have his criminal record sealed and meets all the requirements of section 943.059 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . trial court for a new hearing prior to July-25, 2015 on appellant’s motion filed pursuant to section 943.059 . . .
. . . 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 . . .
. . . 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 . . .
. . . All relief sought by reason of sections 943.0585943.0583-943.059, Florida Statutes, shall be by written . . .
. . . Pursuant to section 943.059, Florida Statutes (2011), “[t]he court may, at its sole discretion, order . . .
. . . . § 943.059.” We reverse and remand. Earlier Mr. . . .
. . . 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). . . .
. . . In both cases, the lower courts sealed juvenile court records upon motions filed pursuant to section 943.059 . . .
. . . . § 943.059(4)(a)(6). . . . Stat. § 943.059(4)(a)(6); cf. Tosh v. . . .
. . . 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 . . .
. . . cited section 943.0585, Florida Statutes (2007), which concerns ex-punction of records, or section 943.059 . . .
. . . 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 . . .
. . . 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 . . .
. . . See §§ 943.0585, 943.059, Florida Statutes (2008). It is impossible to determine from Ms. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . .”); see also § 943.059, Fla. . . .
. . . felonies, s. 943.0585, F.S., relating to court-ordered expunction of criminal history records, and s. 943.059 . . .
. . . 943.0585(2), Florida Statutes (2002) relates to the expunction of criminal history records, and section 943.059 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . See , § 943.059, Fla. Stat. (1999). . . .
. . . The applicable statute is section 943.059 and it provides in pertinent part that the criminal records . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 1995, when the subsequent motion was filed, the statute had been amended; the new statute, section 943.059 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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, . . .
. . . . §§ 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 . . .
. . . 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 . . .
. . . (amending §§ 943.0585(1) and 943.059(1), Fla. . . .