Jean F. Bazile v. State of Florida

D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
JEAN-FRANTZ BAZILE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-1113
[February 11, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Howard K. Coates, Jr., Judge; L.T. Case No. 50-1999-CF-
010342-AXXX-MB.
Jean-Frantz Bazile, Boca Raton, pro se.
James 	Uthmeier, 	Attorney 	General, 	Tallahassee, 	and 	Kimberly 	T.
Acuña, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM .
More than twenty years after the appellant was sentenced for serious
felony offenses, he sought to obtain from the Florida Department of Law
Enforcement (“FDLE”) a certificate of eligibility for expungement/sealing of
the criminal records associated with his offenses. FDLE declined to grant
the 	certificate, 	finding 	the 	offenses 	were 	not 	eligible 	under 	section
943.0584(2), 	Florida 	Statutes 	(2025). 	The 	appellant 	did 	not 	seek
mandamus relief in the circuit court. See Williams v. State, 879 So. 2d 77,
78 (Fla. 3d DCA 2004) (“Where a certificate of expunction has been denied,
the correct procedure to challenge FDLE’s ruling is to file a petition for writ
of mandamus in the circuit court, naming FDLE as the respondent.”).
Instead, he petitioned the circuit court to expunge/seal his criminal
record, asserting that “[a] valid Certificate of Eligibility issued by the
Florida Department of Law Enforcement accompanies this Petition.” 	The
circuit court denied his petition. 	We affirm.
On appeal, the appellant does not address the merits of the circuit
court’s reasoning in denying relief. 	Instead, he challenges the underlying
judgments 	and 	argues 	that 	the 	circumstances 	surrounding 	both 	his

2
crimes and the prosecution of his crimes warranted expungement/sealing
of his criminal record. 	To the extent he sought postconviction relief, the
challenge was untimely. See Fla. R. Crim. P. 3.850(b) (providing that with
limited exceptions, “[n]o other motion shall be filed or considered pursuant
to this rule if filed more than 2 years after the judgment and sentence
become final”). 	Additionally, the trial court did not err in denying the
petition to expunge/seal based on the absence of a certificate of eligibility.
See § 943.0585(3), Fla. Stat. (2025) (“Each petition to expunge a criminal
history record must be accompanied by: (a) A valid certificate of eligibility
issued by the department”); § 943.059(3), Fla. Stat. (2025) (“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”); § 943.0585(4)(b), Fla. Stat. (2025)
(“The court may not order a criminal justice agency to expunge a criminal
history record until the person seeking to expunge a criminal history
record has applied for and received a certificate of eligibility . . . .”); §
943.059(4)(b), Fla. Stat. (2025) (“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 . . . .”); State v. A.B.M., 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
sought pursuant to sections 943.0585 and 943.059 shall be by written
petition accompanied by FDLE certificate of eligibility).
Affirmed.
MAY , CIKLIN and LOTT , JJ., concur.
* 	* 	*
Not final until disposition of timely-filed motion for rehearing.