Overview Description

A criminal history record of a minor will be automatically expunged when the person reaches 21 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(a).

Ineligible Category or Citation

A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a “sexual offender” as per section 943.0435(1)(h) after July 1, 2007, may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3).

Procedure General

Expungement is automatic.

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(1)(b)(2)(a).

Effect

The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16).

Waiting Periods

The record should be expunged when the person reaches 21 years of age.

(non-prod server)