9. If I have previously expunged or sealed a criminal history record in the State of Florida and then had the expungement or sealing order vacated by a court, can I apply to have a new criminal history record expunged or sealed?
No. The reason is because in order for a petitioner to receive a criminal history record expunged or sealed, they must first swear or affirm via an affidavit filed with the court, that they have never secured a prior record expungement or sealing pursuant to Florida Record Expungement Statute – F.S. 943.0585 or Florida Record Sealing Statute – F.S. 943.059.
Therefore, if a previously issued expungement or sealing order was vacated (i.e., lifted) by a court, the petitioner is automatically disqualified from requesting a new criminal history record expungement or sealing.
- This is because the statutory condition requiring that the petitioner swear or affirm that they have never previously secured a previous expungement or sealing order, cannot be satisfied since it already happened in the first petition.