11C-7.006. Procedures on Court-Ordered Expunctions  

Effective on Tuesday, July 9, 2019
  • 1(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include:

    36(a) A money order, cashier’s check, or certified check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

    103(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2018), 133or for Lawful Self-Defense Expunction under section 140943.0585(5), F.S. 142(form number FDLE 40-026, rev. May 2017), both of which are 153hereby incorporated by reference, 157http://www.flrules.org/Gateway/reference.asp?No=Ref-10784, 159http://www.flrules.org/Gateway/reference.asp?No=Ref-10781, 161may be obtained from:

    1651. The Clerk of the Court, or

    1722. Florida Department of Law Enforcement

    178Expunge Section

    180Post Office Box 1489

    184Tallahassee, Florida 32302-1489

    187Telephone Number: (850)410-7870

    190Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    192(c) The appropriate state attorney or statewide prosecutor may provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

    218(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10). The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form “Application For Certification Of Eligibility For Expunction.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card is needed, it may be obtained from:

    3051. The Clerk of the Court, or

    3122. Florida Department of Law Enforcement

    318Expunge Section

    320Post Office Box 1489

    324Tallahassee, Florida 32302-1489

    327Telephone Number: (850)410-7870

    330Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    332(e) A certified copy of the disposition of the charge or charges to which the petition to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

    384(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Expunge/Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    409(3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    464(4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for expungement, which are listed in section 500943.0585, F.S. 502Questions regarding the status of the review should be directed to the Expunge Section at (850)410-7870.

    518(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-023, created October 2017, effective December 2017), 539(form number FDLE 40-027, rev. October 2017), or (form number FDLE 40-030, created October 2017, effective December 2017), 557if the specified criminal history record meets the requirements for expunction. If the specified criminal history record does not meet the requirements for expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    600(6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

    618(a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;

    652(b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

    6851. Name;

    6872. Alias/Maiden Name(s);

    6903. Sex;

    6924. Race;

    6945. Date of Birth;

    6986. Social Security Number (If Available);

    7047. Date or Dates of Arrest;

    7108. Arrest Number or Numbers and Original Charges;

    7189. FDLE Number and FBI Number (If Known).

    726The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

    746Rulemaking Authority 748943.03(4), 749943.0585(2) FS. 751Law Implemented 753943.0585 FS. 755History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-29-15, 7-9-19.