11C-7.010. Procedures on Early Juvenile Expunction  


Effective on Tuesday, July 9, 2019
  • 1(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than 21 years of age. To be eligible for this form of expunction, the applicant must not have been charged by the state attorney with or found to have committed any criminal offense within the 5-year period before the application date. The application for the Early Juvenile Expunction must include:

    100(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 whether the application for expunction is granted. 134A fee waiver may be granted by the Executive Director of the Department, 147upon submission of a written request, and in 155his or her 158determination that the waiver is in the best interests of criminal justice.

    170(b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, form number FDLE 40-028, effective 7/2017, hereby incorporated by reference, 203https://www.flrules.org/Gateway/reference.asp?No=Ref-08462, 205may be obtained from:

    2091. The Clerk of the Court, or

    2162. Florida Department of Law Enforcement

    222Expunge Section

    224Post Office Box 1489

    228Tallahassee, Florida 32302-1489

    231Telephone Number: (850)410-7870

    234Website: 235http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    236(c) The state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.

    266(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 Early Juvenile 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:

    3511. The Clerk of the Court, or

    3582. Florida Department of Law Enforcement

    364Expunge Section

    366Post Office Box 1489

    370Tallahassee, Florida 32302-1489

    373Telephone Number: (850)410-7870

    376Website: 377http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    378(e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.

    449(2) The complete application packet should be mailed or delivered, within the time 462frame 463prescribed by section 466943.0515(1)(b)2., F.S., 468to Florida Department of Law Enforcement, ATTN: Expunge/Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    483(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.

    538(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 application and the specified record meet the requirements for Early Juvenile Expunction, which are listed in section 579943.0515(1)(b)2., F.S. 581Questions regarding the status of the review should be directed to the Expunge Section at (850)410-7870.

    597(5) The Department will expunge the subject’s juvenile criminal history record if the application and the specified criminal history record meet the requirements for Early Juvenile Expunction, and will notify the subject. If the application and the specified criminal history record do not meet the requirements for Early Juvenile Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    666Rulemaking Authority 668943.0515(1) FS. 670Law Implemented 672943.0515(1) FS. 674History–New 6757-20-17, Amended 7-9-19678.