11C-7.007. Procedures on Court-Ordered Sealings  

Effective on Tuesday, July 9, 2019
  • 1(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. 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 should complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2018 and incorporated by reference) 137http://www.flrules.org/Gateway/reference.asp?No=Ref-10783, 139may be obtained from:

    1431. The Clerk of the Court, or

    1502. Florida Department of Law Enforcement

    156Expunge Section

    158Post Office Box 1489

    162Tallahassee, Florida 32302-1489

    165Telephone Number: (850)410-7870

    168Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    170(c) 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 Sealing.” 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:

    2571. The Clerk of the Court, or

    2642. Florida Department of Law Enforcement

    270Expunge Section

    272Post Office Box 1489

    276Tallahassee, Florida 32302-1489

    279Telephone Number: (850)410-7870

    282Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    284(d) A certified copy of the disposition of the charge or charges to which the petition to seal 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.

    336(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.

    361(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.

    416(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 sealing, which are listed in section 452943.059, F.S. 454Questions regarding the status of the review should be directed to the Expunge Section at (850)410-7870.

    470(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-022, rev. October 2017), or (form number FDLE 40-029, created October 2017, effective December 2017), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    542(6) Upon receipt of a certified court order to seal a criminal history record, the arresting agency shall:

    560(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;

    594(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:

    6271. Name;

    6292. Alias/Maiden Names;

    6323. Sex;

    6344. Race;

    6365. Date of Birth;

    6406. Social Security Number (If Available);

    6467. Date or Dates of Arrest;

    6528. Arrest Number or Numbers and Original Charges;

    6609. FDLE Number and FBI Number (If Known).

    668The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

    688Rulemaking Authority 690943.03(4), 691943.059(2) FS. 693Law Implemented 695943.059 FS. 697History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19.