Overview Description

Records relating to dismissed charges can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585.

Ineligible Category or Citation

For the list of offenses ineligible for expunction under this column, see Fla. Stat. § 943.0585. The person is ineligible for expunction under this column if the person: (a) been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in seciton 943.051(3)(b); or (b) is under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains.

Procedure General

Before petitioning the court to expunge a criminal history record, the person must apply for a certificate of eligibility for sealing from the Florida Department of Law Enforcement. The certificate is valid for 12 months after the date stamped on the certificate by the department. Fla. Stat. § 943.0585(2).

The court can order the expungement of a criminal history pertaining to one arrest or one indictment of alleged criminal activity. The court can, at its sole discretion, order the expungement of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the expungement of records pertaining to such additional arrests, such intent must be specified in the order. Fla. Stat. § 943.0585.

For further information on the procedure, see Fla. Stat. § 943.0585, 11C-7.006, F.A.C.

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b).

Effect

Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4).

A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4).

Waiting Periods

A petition may be filed at any time following the dismissal of the case.

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