Overview Description

Records relating to offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583.

Ineligible Category or Citation

Any offense listed in § 775.084(1)(b)1, except for kidnapping.

Procedure General

The petition must be filed in any court in the circuit in which the petitioner was arrested. For the specific procedure, see Fla. Stat. § 943.0583.

Each petition must include the elements listed in Fla. Stat. § 943.0583(6).

Fees

There is no statutory language regarding fees.

Effect

Petitioner can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when petitioner is an applicant for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8).

Waiting Periods

There is no waiting period. The petition must be initiated by the petitioner with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4).

(non-prod server)