Overview Description

Records relating to a case dismissed after the successful completion of pretrial substance abuse education and treatment intervention program pursuant to section 948.08(6) for a nonviolent felony can be expunged by the court. Fla. Stat. § 948.08(6).

Ineligible Category or Citation

For charges ineligible for pretrial intervention, see section 948.08(6). For charges ineligible for expungement, see section 943.0585.

Procedure General

Upon a written finding by the court that a defendant successfully completed a pretrial substance abuse education and treatment intervention program pursuant to section 948.08(6) for a nonviolent felony, the charges are dismissed. Thereafter, the record can be expunged under section 943.0585. Fla. Stat. § 948.08(6).

The petition must be filed in court and accompanied by a certificate of eligibility for expungement. For the specific procedure, see Fla. Stat. § 943.0585.

Fees

There is a $75 processing fee to apply for a certificate of eligibility for expungement. Fla. Stat. § 943.0585(2)(b).

Effect

The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(4). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(4)(a).

Forms

For the application for a Florida certificate of eligibility, visit this website.

Waiting Periods

The petition may be filed immediately upon dismissal of the charges.

(non-prod server)