11C-7.009. Procedures on Juvenile Diversion Expunctions  


Effective on Tuesday, May 5, 2020
  • 1(1) A minor who has successfully completed a diversion program as authorized by Section 15985.125, F.S., 17which program satisfies the requirements found at Section 25943.0582, F.S., 27may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application packet for the Juvenile Diversion Expunction must include:

    52(a) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025 (rev. October 2019), hereby incorporated by reference, 86http://www.flrules.org/Gateway/reference.asp?No=Ref-11935, 88may be obtained from:

    921. The Clerk of the Court, or

    992. Florida Department of Law Enforcement

    105Seal and Expunge Section

    109Post Office Box 1489

    113Tallahassee, Florida 32302-1489

    116Email: SEINFO@fdle.state.fl.us

    118Telephone Number: (850)410-7870

    121Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

    123(b) The state attorney must provide the required written certification statement by completing section B of the Application for Juvenile Diversion Expunction.

    145(c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) (rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or the FDLE fingerprint sheet is needed, it may be obtained from:

    2111. The Clerk of the Court, or

    2182. Florida Department of Law Enforcement

    224Seal and Expunge Section

    228Post Office Box 1489

    232Tallahassee, Florida 32302-1489

    235Email: SEINFO@fdle.state.fl.us

    237Telephone Number: (850)410-7870

    240Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

    242(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    270(3) If the application packet is incomplete the Department will not process it. The incomplete packet, 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.

    320(4) If the application packet is complete, the Department will review the submitted information and the minor subject’s criminal history record to determine if the application and the specified record meet the requirements for Juvenile Diversion Expunction, which are listed in Section 362943.0582, F.S. 364Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

    382(5) The Department will expunge the minor subject’s juvenile arrest record if the application and the specified criminal history record meet the requirements for Juvenile Diversion Expunction, and will notify the minor subject or his or her parent or legal guardian and the arresting agency of this action. Such expunction shall be as defined at Section 438943.0582(2), F.S. 440If the application and the specified criminal history record do not meet the requirements for Juvenile Diversion Expunction, the Department will send the subject or his or her parent or legal guardian a letter stating the reason for ineligibility with an explanation of appeal rights.

    485(6) Upon receipt of notification from the Department that the minor subject’s record has been expunged pursuant to Section 504943.0582, F.S., 506the arresting agency shall make a positive association between the individual and the arrest covered by the Department’s notification letter and seal the arrest record as specified at Section 535943.0582(2)(b), F.S., 537if the arrest record can be identified within the agency’s records.

    548Rulemaking Authority 550943.0582 FS. 552Law Implemented 554943.0582 FS. 556History–New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, 5-5-20.

     

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