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Expunge Criminal Record Florida General Info
Juvenile Diversion Expunction Instructions
Final Expunge Criminal Record Application Checklist
Reasons for Expunge Criminal Record Denial in Florida
Agencies Entitled to Sealed/Expunged Information
Seal/Expunge Criminal Record Florida Frequently Asked Questions
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Seal and Expunge Process Florida Department of Law Enforcement (FDLE) provides a service through which certain criminal records can be expunged (removed from our records) or sealed (placed under highly restricted access). The laws and rules which govern expunction or sealing of criminal history record(s) include: Sections s.943.0585 - s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code. Instructions for Applying for a Certificate of Eligibility Instructions for Applying for a Certificate of Eligibility In order to obtain a Certificate of Eligibility to petition the court to seal or expunge a criminal history record, the following requirements must be met pursuant to s.943.0585(2) and s.943.059(2), Florida Statutes. Section A of the application must be completed and signed in the presence of a notary public. The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint form must include the applicant's name, race, sex, date of birth, *social security number (SOC) , and signature, prior to submission to FDLE. A FDLE Fingerprint Form, FD 40-024, is supplied with the application package. The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged. This may be obtained from the Clerk of Court in the county in which the charge(s) were brought. For Pre-trial Intervention cases and other Diversion programs, a certified letter of completion from the State Attorney's office may substitute for a certified disposition. Please provide a certified copy of Termination of Probation, if applicable. A NONREFUNDABLE money order or cashier's check for $75.00 made payable to the FDLE must accompany the application. If you are requesting an expunction of a criminal history record, you must have the state attorney or statewide prosecutor complete Section B of the application. (If not completed, the application will be processed as a sealing of your criminal history record). Special Note: All of the items listed above are required at the time that the application is submitted. If an item is missing or the application or fingerprint form is not completed, the application will be returned unprocessed. * This information is voluntary; failure to disclose may delay the processing time of your application Back to the Top of the Seal and Expunge Process Instructions for Applying for a Juvenile Diversion * For authorized juvenile diversion programs completed on or after October 1, 2001, the law requires the application to be submitted to FDLE no later than six months after completion of the diversion program. In order to obtain a juvenile diversion expunction of a criminal history record, the following documents must be provided to FDLE pursuant to s.943.0582, F.S. Section A must be completed by the applicant and signed by the applicant or the applicant's parent or legal guardian if the applicant is under 18 years of age at the time of signing, and the applicable signature must be notarized. State Attorney Information Section 943.0582, F.S., states that an applicant seeking a juvenile diversion expunction of a criminal history record must obtain an official written statement from the appropriate state attorney as reflected in Section B on the application. Mailing Instructions Once you have completed all applicable requirements as stated above, mail this application, all documents, and the $75.00 processing fee to: The Florida Department of Law Enforcement If the application is not complete and all of the necessary documents are not provided, the FDLE will return your package unprocessed. Back to the Top of the Seal and Expunge Process The following checklists should help you make sure your application for expunction or sealing is complete. Items Necessary for an Application to be Accepted for Processing Completed, signed and notarized, Application for Certification of Eligibility If any of these items are not present, the application will be returned to the individual with a letter stating what items need to be included. Once all items are obtained and the application is resubmitted it will be accepted for processing. At the current time, due to backlog, our processing time is an average of 40 days from the date of receipt until an applicant receives either a certificate or a denial letter. Things to double-check Signed and date your application in front of a notary FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is at your option, and if you provide your SSN, FDLE will use it for purposes of identification, and may share the information with other agencies for the same purpose. FDLE’s request for your SSN is authorized by state law because use of it is imperative for FDLE to fulfill its lawful duties and responsibilities. Your failure to provide your SSN may result in a delay in processing your application or request. Back to the Top of the Seal and Expunge Process Reasons for denial Disqualifying Charges for Expunction/Sealing A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following: Offenses listed in S. 907.041, F.S. Arson S.393.135, F.S. Sexual misconduct with developmentally disabled person and related offenses S.394.4593, F.S. S.787.025, F.S. Chapter 794, F.S. S.796.03, F.S. S.800.04, F.S. S. 810.14, F.S. S.817.034, F.S. S.825.1025, F.S. S.827.071, F.S. Chapter 839, F.S. S.847.0133, F.S. S.847.0135, F.S. S.847.0145, F.S. S.893.135, F.S. S 916.1075, F.S. All references are from Florida Statutes Back to the Top of the Seal and Expunge Process Entities That Get Sealed And Expunged Records The subject of a criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record: Is a candidate for employment with a criminal justice agency;
When the record is expunged the agency will only receive the subject's demographic information and a caveat statement stating that criminal history information has been expunged, but will be unable to receive the details. Back to the Top of the Seal and Expunge Process
Back to the Top of the Seal and Expunge Process Answer: The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term "criminal history information" is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition. Back to the Top of the Seal and Expunge Process Answer: Under Florida and federal law, an individual has the right to request a copy of his or her criminal history record for purposes of review, to ensure that it is both accurate and complete. This process is known as a Personal Review. The requestor may examine the record obtained through Personal Review for accuracy and to challenge any information contained within the criminal history record that the record subject believes is inaccurate or incomplete. No charge is assessed by FDLE for this service. See s.943.056, Florida Statutes. A Personal Review allows an individual to determine which, if any, date(s) of arrest the applicant will be eligible to have sealed or expunged. However, obtaining a personal review is not a prerequisite to applying for a certificate of eligibility to seal or expunge a criminal history record. Back to the Top of the Seal and Expunge Process Answer: When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety. When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record". Back to the Top of the Seal and Expunge Process Answer: Once an order has been issued by the court of competent jurisdiction to seal or expunge your criminal history record and a certified copy of this order has been received by the FDLE, it will be complied with in accordance with state statutes. Back to the Top of the Seal and Expunge Process Answer: The eligibility criteria for an applicant to have a record sealed or expunged include the requirement that the applicant be able to attest that he or she has never previously had a record sealed or expunged in Florida or in another jurisdiction. This means, in effect, that a person may only seal or expunge one arrest record in one proceeding. More than one record may be sealed or expunged in the same proceeding if the court, in its sole discretion, finds the arrests to be directly related. A record that is initially ineligible for expunction (e.g., where adjudication is withheld) may become eligible after it has been sealed for 10 years. However, a person may not seal or expunge one arrest record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged. An expunction or sealing which occurs automatically or by operation of law, without any action on the part of the record subject, is not considered a prior expunction or sealing for this purpose. By law, s. 943.0582(8), Florida Statutes, a juvenile diversion expunge does not prevent the record subject from seeking a judicial expunction or sealing under s. 943.0585 or s. 943.059, Florida Statutes. Back to the Top of the Seal and Expunge Process Answer: A list of charges that may not be sealed when adjudication is withheld is included with the application package, and is also enumerated in s. 943.059, Florida Statutes. (The same listing is found in s. 943.0585, because the specified offenses may not be expunged either.) In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated delinquent for any felony or for certain specified misdemeanors), whether or not related to the charge(s) that the person is applying for, the record is ineligible for sealing and the application will be denied. Back to the Top of the Seal and Expunge Process Answer: The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements. Any charge, which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See s. 943.0585(2)(h), Florida Statutes. A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of, and the record is otherwise eligible. Back to the Top of the Seal and Expunge Process Answer: If you believe that the denial of your application for Certification of Eligibility is in error, you may ask that the denial be reviewed. If the denial is based on information in your criminal history record that is believed to be in error or incomplete, the procedure for reviewing and correcting that record is given in Rule 11C-8.001, Florida Administrative Code. If you agree that the criminal history information is correct, but believe that the law has been incorrectly applied or interpreted in your case, you may appeal the decision of the FDLE. The appeal of a denial is to be handled within the court of competent jurisdiction. Back to the Top of the Seal and Expunge Process Answer: Unless the pardon indicates on its face that it entitles the record subject to seal or expunge his or her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record imposed by the disposition of the pardoned offense. See Randall v. Florida Department of Law Enforcement, 791 So. 2d 1238 (Fla. 1st DCA 2001). Back to the Top of the Seal and Expunge Process Answer: No. Neither a full pardon, nor any other type of clemency, will automatically expunge or facilitate the expungement of your criminal record. You should contact the Florida Department of Law Enforcement at seal-expunge@fdle.state.fl.us for information on the expungement or sealing of records. Back to the Top of the Seal and Expunge Process Answer: No. In order to have your civil rights restored you had to have been convicted (adjudicated guilty) of a felony that was the basis for your loss of civil rights. Persons who have been convicted (adjudicated guilty) of a felony are not eligible for a seal or expunge of their criminal history under Florida law, regardless of whether their civil rights have been restored. Back to the Top of the Seal and Expunge Process Answer: The following considerations are relevant to the decision whether to seek the judicial sealing or expunction of a juvenile criminal history record. Prior to October 1, 1994 (for felonies), and July 1, 1996 (for specified misdemeanors), juvenile arrest records were not maintained by FDLE in the criminal history record system and would not be available to the general public unless the juvenile were treated as an adult. Juvenile records are subject to an abbreviated retention schedule, if certain qualifications are met, which results in the automatic expunction of the record after a specified period, under s. 943.0515, Florida Statutes. Juvenile defendants who successfully complete a qualified diversion program, as set out in s. 943.0582, Florida Statutes, may be eligible for expunction of their record as the term is defined therein. If a person wishes to pursue the judicial sealing or expunction of his or her juvenile record, the eligibility criteria and procedure, which are similar to those for adults, are found in s. 943.059 and s. 943.0585, Florida Statutes. Back to the Top of the Seal and Expunge Process Answer: If the other record were sealed or expunged by operation of law (administratively or automatically, without intervention or action by the subject of the record), then the out-of-state sealing or expunction would not prevent you from being eligible to have a record in Florida sealed or expunged. However, if the record was sealed or expunged because you petitioned to have it done by a court order, or otherwise actively sought the sealing or expunction, then you would not be eligible to have another record sealed or expunged. Back to the Top of the Seal and Expunge Process Answer: The current processing time is thirty (30) working days or less from the date the application is received, processed, and mailed back to the customer. Special Note: If the application is not complete at the time of submission the application will be returned. This will cause the application process to be delayed beyond the thirty (30) working day period. If I had a criminal history record sealed or expunged, and then had it vacated, could I apply to have a new date of arrest sealed or expunged? As s. 943.0585(2)(f) and s. 943.059(2)(e), Florida Statutes require that an applicant have never secured a prior sealing or expunction of a criminal history record under current or former law, having an earlier seal or expunge order vacated does not remove this disqualification. Back to the Top of the Seal and Expunge Process Answer: If the record is eligible and the court grants relief, FDLE will comply with the certified court order and seal or expunge the appropriate criminal history record. Once FDLE seals or expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency or agencies involved with your case. The notification letter is to inform the agencies that FDLE has received and has complied with the order in accordance with the seal or expunge statutes. Back to the Top of the Seal and Expunge Process Answer: FDLE conducts criminal history record checks in Florida through the Florida Crime Information Center (FCIC), national record checks through the National Crime Information Center (NCIC), and driving history checks through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). These databases are utilized to determine the eligibility of an individual to have a criminal history record sealed or expunged. Back to the Top of the Seal and Expunge Process Answer: A criminal offense such as DUI, Driving While License Suspended/canceled/revoked, or reckless driving may appear in the DHSMV database even though it may not be entered in the criminal history record system maintained by FDLE. Although non-criminal traffic offenses (such as careless driving) have no affect on eligibility to seal or expunge a criminal history record, an adjudication of guilty for any criminal offense renders the record ineligible for either form of relief. Back to the Top of the Seal and Expunge Process Answer: If the record is eligible and the court grants relief, the Clerk of the Court by statute is responsible to certify a copy of the court order to the State Attorney’s Office or the Statewide Prosecutors Office and the arresting agency or agencies. The arresting agency is then responsible for sending a certified copy of the court order to all agencies that are known to have received the criminal history information. In addition to FDLE, these agencies may include the Department of Corrections, Teen Courts, and Department of Juvenile Justice. Back to the Top of the Seal and Expunge Process Answer: Once FDLE has issued the Certificate of Eligibility to seal or expunge a criminal history record, the next step is to file a petition for relief, along with the Certificate of Eligibility and the required affidavit, in the court in the county of the arrest. The issuance of the Certificate of Eligibility is not the final step in the Sealing/Expunction process, nor does it guarantee that a criminal history record will be sealed or expunged. The final decision to Seal/Expunge your criminal history is placed by law in the sound discretion of the court. Back to the Top of the Seal and Expunge Process Answer: In order to obtain a Certificate of Eligibility to petition the court to seal or expunge a criminal history record, the following requirements must be met pursuant to s.943.0585(2) and s.943.059(2), Florida Statutes: A. Section A of the application must be completed and signed in the presence of a notary public. B. The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint card must include the applicant's name, race, sex, date of birth, social security number, and signature, prior to submission to FDLE. C. The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged. D. A NONREFUNDABLE money order or cashier's check for $75.00 made payable to the FDLE must accompany the application. E. If you are requesting an expunction of a criminal history record, the State Attorney or Statewide Prosecutor with jurisdiction over your case must complete Section B of the application. (If not completed, the application will be processed as a sealing of your criminal history record). *Special Note: All of the items listed above are required at the time that the application is submitted. If an item is missing or the application or fingerprint card is not completed, the application will be returned unprocessed. Back to the Top of the Seal and Expunge Process |
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W.F. Casey Ebsary Jr