1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. The records cannot be accessed for general law enforcement or civil use. Criminal history records in the custody of the department must be retained in all cases for purposes of evaluating later requests by the subject of the record for sealing or expunction, or for purposes of recreating the record in the event an order to expunge is vacated. Sec. 943.045
In juvenile cases, made available only to criminal justice agencies for the purpose of determining eligibility for prearrest, postarrest, or teen court diversion programs; when the record is sought as part of a criminal investigation; or when the subject of the record is a candidate for employment with a criminal justice agency. Sec. 943.0582.
3. What records may be expunged?
Normally, records in any court, correctional facility, law enforcement or criminal justice agency will be affected.
The nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program may be expunged. Sec. 943.0582.
The court may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, unless additional arrests directly relate to the original arrest and the court specifies its intent to expunge additional arrest charges in the order. Sec. 943.0585.
4. Who is eligible for an expungement?
A person is eligible when the following conditions are met:
(A) An indictment, information, or other charging document was not filed or issued in the case.
(B) An indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by the court.
(C) The criminal history record does not relate to the person being found guilty, pleading guilty or no contest to: luring a child, sexual battery, prostitution of minors, lewd or lascivious offenses committed upon or in the presence of persons less than 16, the Florida Communications Fraud Act, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, sexual performance by a child, offenses by public officers and employees, protection of minors; prohibition of certain acts in connection with obscenity, computer pornography, selling or buying of minors, drug trafficking, or any of the following defined as dangerous crimes-1. Arson;
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30; and
21. Attempting or conspiring to commit any such crime.(D) Pays a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director.
(E) Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains.
(F) Has never, prior to the date on which the application for a certificate of eligibility is filed, been adjudicated guilty of a criminal offense or similar ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).
(G) Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition to expunge relates.
(H) Has never gotten a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058.
(I) Is no longer under court supervision related to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains.
(J) Is not required to wait a minimum of 10 years prior to being eligible for an expunction of such records because all charges related to the arrest or criminal activity to which the petition to expunge pertains were dismissed prior to trial, adjudication, or the withholding of adjudication.
In the case of juveniles, a non-serious or non-habitual offender shall have records expunged 5 years after they reach age 21. A serious or habitual offender shall have records expunged 5 years after reaching age 21. Not eligible if charged with a forcible felony as an adult over 18 years old or minor charged as an adult- then existing juvenile offense records to be merged into such records.
How do I get an "Expungement"?
An expungement involves requesting an expungement. A certificate of eligibility for expungement must first be applied for at the appropriate criminal justice agency. After the certificate of eligibility is issued, the person seeking expungment of criminal history records must petition the court having jurisdiction over the records. Each petition to a court to expunge a criminal history record is complete only when accompanied by:
(a) A certificate of eligibility for expunction issued by the department pursuant to subsection (2).
(b) The petitioner's sworn statement attesting that the petitioner:1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).
2. Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.
3. Has never gotten a prior sealing or expunction of a criminal history record under this section, former s. 893.14, former s. 901.33, or former s. 943.058, or from any jurisdiction outside the state.
4. Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court.
Sec. 943.0585.
Florida Expungement Package
