WILLIAM E. LEWIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm in accordance with section 943.0581, Florida Statutes (1997). The Department of Law Enforcement has promul gated rules and procedures for the administrative expungement of arrest records made contrary to law or by mistake. These rules and procedures can be found in the Florida Administrative Code Sections 11C-7.008 and 11C-8.001. It is apparent that Appellant has failed to follow these rules in seeking relief. Therefore, we affirm without prejudice to Appellant’s right to seek relief from the department pursuant to these provisions.
We also affirm as to Appellant’s claim under section 943.0585. This section provides that the court may not expunge a criminal record until the petitioner has received a certificate of eligibility for expunction. As no such certificate appears in the record, Appellant would not be entitled to expunction under this section. See State v. Silva, 691 So. 2d 529 (Fla. 3d DCA 1997) (department was not required to enforce trial court order to expunge where defendant did not obtain certificate of eligibility).
STONE, C.J., and KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bazile v. State (Fla. 4th DCA 2026)…f eligibility. . . ."); State v. A.В.М., 742 So. 2d 818, 819 (Fla. 2d DCA 1999) (holding that trial court erred in ordering the sealing of nonjudicial criminal history record where appellee did not obtain certificate of eligibility); Lewis v. State, 711 So. 2d 174, 175 (Fla. 4th DCA 1998) (recognizing that where no certificate of eligibility for expungement appears in the record,“Appellant would not be entitled to expunction under [section 943.0585]”); Fla. R. Crim. P. 3.692(a) (providing that all relief soug…
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Lewis v. State (Fla. 4th DCA 2019)
Authorities Cited
- State of Fla. & the Fla. Dep't of Law Enf't v. Morelia Silva, 691 So. 2d 529 (Fla. 3d DCA 1997)