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Florida Administrative Code (Last Updated: November 11, 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) 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, certified check, personal check, or business 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. 138A fee waiver may be granted by the Executive Director of the Department, 151upon submission of a written request, and in 159his or her 162determination that the waiver is in the best interests of criminal justice.
174(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, rev. June 2021), hereby incorporated by reference, 208https://www.flrules.org/Gateway/reference.asp?No=Ref-14426, 210may be obtained from:
2141. The Clerk of the Court, or
2212. Florida Department of Law Enforcement
227Seal and Expunge Section
231Post Office Box 1489
235Tallahassee, Florida 32302-1489
238Email: SEINFO@fdle.state.fl.us
240Telephone Number: (850)410-7870
243Website: 244http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
245(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.
275(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. 295Fingerprints may not be submitted to FDLE by electronic means. 305The fingerprinting must be taken by a law enforcement agency 315or 316by 317a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 339943.053(13), F.S341. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:
3881. The Clerk of the Court, or
3952. Florida Department of Law Enforcement
401Seal and Expunge Section
405Post Office Box 1489
409Tallahassee, Florida 32302-1489
412Email: SEINFO@fdle.state.fl.us
414Telephone Number: (850)410-7870
417Website: 418http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home
419(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.
490(f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Cherk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Cherk of the Court for providing this service.
544(2) The complete application packet should be mailed or delivered, within the time 557frame 558prescribed by Section 561943.0515(1)(b)2., F.S., 563to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.
581(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.
636(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 677943.0515(1)(b)2., F.S. 679Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.
697(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.
766Rulemaking Authority 768943.0515(1) FS. 770Law Implemented 772943.0515(1) FS. 774History–New 7757-20-17, Amended 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23782.
