Implements new requirements for the administrative expunction of Florida criminal history arrest records that are made contrary to law or by mistake  

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    DEPARTMENT OF LAW ENFORCEMENT
    Division of Criminal Justice Information Systems

    RULE NO: RULE TITLE
    11C-7.008: Administrative Expunction Procedures
    PURPOSE AND EFFECT: Implements new requirements for the administrative expunction of Florida criminal history arrest records that are made contrary to law or by mistake.

    SUMMARY: The proposed rule adds statutorily mandated requirements for those requesting an administrative expunction of Florida criminal history records that are made contrary to law or by mistake.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    SPECIFIC AUTHORITY: 943.051 FS.
    LAW IMPLEMENTED: 943.051 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: January 10, 2007, 10:00 a.m.

    PLACE: 2331 Phillips Road, Elevator Conference Room, Quad C, 3rd Floor, Tallahassee, Florida 32308-1489

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Jean Itzin at (850)410-7890. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jean Itzin, Florida Department of Law Enforcement, Criminal Justice Information Program, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-7890

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    11C-7.008 Administrative Expunction Procedures.

    (1) Non-judicial records of arrest made contrary to law or by mistake will be administratively expunged by the Department, upon 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 of the arresting agency or of the state attorney of the judicial circuit in which the arrest occurred.

    (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. Arrest records which are mistakenly or improperly forwarded to the Department for processing and retention as criminal history records will be administratively expunged by the Department.

    (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 of the arresting agency, chief law enforcement officer 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. If the chief law enforcement officer of the arresting agency in Florida requests an administrative expunction as to particular record of an arrest made by the agency, the Department shall comply provided that the request is in writing, on agency letterhead, and signed by the chief law enforcement officer or his authorized designee.

    (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 of 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. Written documents related to administrative expunctions shall make specific reference to identifying information, including:

    (a) Name;

    (b) Alias/Maiden Name(s);

    (c) Sex;

    (d) Race;

    (e) Date of Birth;

    (f) Social Security Number (If Available);

    (g) Date of Arrest;

    (h) Arrest Number and Original Charges;

    (i) FDLE Number and FBI Number (If Applicable and Known);

    (j) Reason For Administrative Expunction.

    (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. Written documents related to administrative expunctions shall make specific reference to identifying information, including:

    (a) Name;

    (b) Alias/Maiden Name(s);

    (c) Sex;

    (d) Race;

    (e) Date of Birth;

    (f) Social Security Number (Not required);

    (g) Date of Arrest;

    (h) Arrest Number and Original Charges;

    (i) FDLE Number and FBI Number (If Applicable and Known);

    (j) Reason For Administrative Expunction.

    An individual may request that the chief law enforcement officer of the arresting agency request an administrative expunction pursuant to this section. 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.

    (6) Any application for administrative expunction, whether submitted by the arresting law enforcement agency or by the person arrested or the parent or legal guardian of the minor person arrested, must be supported by an affidavit executed by the chief of the arresting law enforcement agency, sheriff, or department head of the arresting state law enforcement agency in which the affiant verifies that he or she has reviewed the record of the arrest and that the arrest was contrary to law or was a mistake. The affidavit shall include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged and shall be submitted directly to the Department by the arresting law enforcement agency. An application which does not include this affidavit, in the form prescribed, will be rejected by the Department and a written explanation of the reason for rejection will be provided to the applicant by the Department. A copy of the rejection notice and explanation will also be provided to the arresting agency if that agency has made a submission in support of the application.

    (7) No application, endorsement, or affidavit 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.

    (8) 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 expunge by the Department.

    Specific Authority 943.03, 943.0581 FS. Law Implemented 943.0581 FS. History–New 8-5-92, Amended_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Jean Itzin, Bureau Chief, Criminal Justice Information Program

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Donna Uzzell, Director, Criminal Justice Informations Services, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2006

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006

Document Information

Comments Open:
12/15/2006
Summary:
The proposed rule adds statutorily mandated requirements for those requesting an administrative expunction of Florida criminal history records that are made contrary to law or by mistake.
Purpose:
Implements new requirements for the administrative expunction of Florida criminal history arrest records that are made contrary to law or by mistake
Rulemaking Authority:
943.051, FS
Law:
943.051, FS
Contact:
Jean Itzin, Florida Department of Law Enforcement, Criminal Justice Information Program, 2331 Phillips Road, Tallahassee, Florida 32308, 850-410-7890
Related Rules: (1)
11C-7.008. Administrative Expunction Procedures