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Florida Administrative Code (Last Updated: October 28, 2024) |
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11. Department of Law Enforcement |
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11C. Division of Criminal Justice Information Systems |
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11C-7. Criminal History Records; Expunction And Sealing Policy And Procedures |
1(1) Non-judicial records of arrest made contrary to law or by mistake will be administratively expunged by the Department, 20upon application by the arresting law enforcement agency, or by the person arrested or, in the case of a minor child, the parent or legal guardian of the minor person arrested. An application submitted by the person arrested or the parent or legal guardian of the minor person arrested, shall be supported by the endorsement of the head 78or chief law enforcement officer 83of the arresting agency or of the state attorney of the judicial circuit in which the arrest occurred.
101(2) Application for administrative expunction requires either that the arresting law enforcement agency has determined that the arrest was made contrary to law or by mistake; or that a court of competent jurisdiction has entered a final order finding that the arrest was made contrary to law or by mistake.
151(3) An application for administrative expunction must be in writing. If submitted by the arresting law enforcement agency, the application shall be on agency letterhead, and signed by the head 181or chief law enforcement officer 186of the arresting agency or his or her authorized designee. An application submitted by the person arrested or the parent or legal guardian of the minor person arrested, must be in writing and must identify the relationship of the person signing the application to the person arrested.
233(4) A supporting endorsement of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, must be in writing, on agency letterhead, and signed by the head 268or chief law enforcement officer 273of the arresting agency or his or her authorized designee or by the state attorney of the judicial circuit in which the arrest occurred or his or her authorized designee.
303(5) An application for administrative expunction submitted by the arresting law enforcement agency, or the supporting endorsement in the case of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, shall identify the arrest to be expunged by providing the following information. 354Written documents related to administrative expunctions shall make specific reference to identifying information, including:
368(a) Name 370and Aliases;
372(b) 373Sex and R376ac377e;
378(c) 379Date of Birth;
382(d) 383Social Security Number (if available, used for identification – not mandatory);
394(e) Date 396and Time 398of 399Arrest;
400(f) 401Original Charges(s);
403(g) 404FDLE Number and FBI Number (if applicable and known);
413(h) 414OBTS 415Number;
416(i) 417Reason for Administrative Expunction;
421(6) 422If the person was arrested on a warrant, capias, or pick-up order, the request for an administrative expunction, or the supporting endorsement of an application submitted by the person arrested or the parent or legal guardian of the minor person arrested, may be made by the sheriff of the county where the warrant, capias, or pick-up order was issued or his or her de486s487ignee, or by the state attorney of the judicial circuit where the warrant, capias, or pick-up order was issued or his or her designee.
511(7) When an administrative expunge application meets the statutory requirements, the Department will notify the arresting agency, which is then responsible for expunging its records of the arrest, and for notifying any other agency to which it provided the criminal history record information that is the subject of the administrative expunction562.
563(5648565) No application 568or 569endorsement made under this section shall be admissible as evidence in any judicial or administrative proceeding or otherwise be construed in any way as an admission of liability in connection with an arrest.
602(6039604) The procedures by which an individual may secure an administrative correction of the criminal history record pertaining to the individual are set out in Chapter 11C-8, F.A.C. Non-criminal arrest records which are mistakenly or improperly forwarded to the Department for processing and retention as criminal history records will be removed as an administrative correction by the Department.
662Rulemaking 663Authority 664943.03, 665943.0581 FS. 667Law Implemented 669943.0581 FS. 671History–New 8-5-92, 673Amended 3-21-07, 4-16766677-09.
