Overview Description

Records relating to a case dismissed after successful completion of a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1) can be expunged by the court. Fla. Stat. § 948.16(1).

Ineligible Category or Citation

For charges eligible for pretrial substance abuse education and treatment intervention, see section 948.16(1). For charges ineligible for expungement, see section 943.0585.

Procedure General

 

Upon a written finding by the court that a defendant has successfully completed a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1), the charges are dismissed. Thereafter, the record can be expunged under section 943.0585. Fla. Stat. § 948.16(1).

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

The application for a Florida certificate of eligibility is here.

Waiting Periods

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

(non-prod server)