Overview Description

A record relating to a minor who has successfully completed a diversion program can be expunged upon application to the Florida Department of Law Enforcement, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0582(1).

Ineligible Category or Citation

To be eligible for expunction under this column, the person must have: (a) participated in a prearrest or postarrest diversion program that expressly authorizes or permits such expunction; (b) participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28; (c) never been charged by the state attorney with, or found to have committed, any criminal offense or comparable ordinance violation.

Procedure General

A minor who has successfully completed a pre-arrest or post-arrest diversion program can apply directly to the department of law enforcement for an expungement of the minor's juvenile nonjudicial arrest record. Fla. Stat. § 943.0582, 11C-7.009(1), F.A.C. For the specific procedure, see Fla. Stat. § 943.0582, 11C-7.009, F.A.C.

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(4).

Effect

The expungement or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expungement or sealing of a later criminal history record as provided for in sections 943.0583, 943.0585, and 943.059, if the minor is otherwise eligible under those sections. Fla. Stat. § 943.0582(3)(e)(5).

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. Fla. Stat. § 943.0582(2)(a)(1).

For further information about the effect of expungement, see Fla. Stat. § 943.0582.

Forms

For more information on applying for a juvenile diversion expungement in Florida, visit this website.

Waiting Periods

A petition may be filed at any time.

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