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
Fees
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.
