Sealing or Expungement After Getting A Pardon in Florida

If I Get a Pardon Can I Seal or Expunge my Case? In order to expunge or seal a case, a person must first apply for and obtain a “certificate of eligibility” from the Fla. Dept. of Law Enforcement.

Unfortunately, if a person has ever been convicted of a crime and then pardoned, they will not qualify to have a certificate of eligibility issued. That is because under the current seal/expunge statutes, a person may not have ever been convicted of any criminal offense in order to qualify for a certificate of eligibility. An argument has been made that since a pardon, restores a person’s civil rights, forgives guilt, and releases the person from any punishment that a person should then be allowed to seal or expunge their case. The courts have addressed this issue and the courts have decided that a pardon doesn’t negate the fact that a conviction occurred, only that it releases any person from punishment and forgives guilt. Since the pardon doesn’t negate that fact that the person was convicted, the person, therefore, does not qualify for a certificate of eligibility under the sealing and expungement statutes. Since the person won’t have obtained the certificate of eligibility, the court will not consider their request for a sealing or expungement.