Fla. Admin. Code Ann. R. 11C-7.009 - Procedures on Juvenile Diversion Expunctions
(1) A minor who has successfully completed a
diversion program as authorized by Section
985.125, F.S., which program
satisfies the requirements found at Section
943.0582, F.S., may 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:
(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. July 2022), hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-15824,
may be obtained from:
1. The Clerk of the
Court, or
2. Florida Department of
Law Enforcement
Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(b) The state attorney must provide the
required written certification statement by completing section B of the
Application for Juvenile Diversion Expunction.
(c) A legible set of fingerprints recorded on
an FBI Applicant Fingerprint Card (FD-258) (rev. 03/10) or FDLE fingerprint
sheet. Fingerprints may not be submitted to FDLE by electronic means. The
fingerprinting must be taken by a law enforcement agency or by a vendor engaged
in the business of providing electronic fingerprint submissions which has an
agreement in place with FDLE pursuant to Section
943.053(13),
F.S. 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 the
FDLE fingerprint sheet is needed, it may be obtained from:
1. The Clerk of the Court, or
2. Florida Department of Law Enforcement
Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(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.
(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.
(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 943.0582, F.S. Questions
regarding the status of the review should be directed to the Seal and Expunge
Section at (850)410-7870.
(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
943.0582(2),
F.S. If 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.
(6) Upon receipt of notification from the
Department that the minor subject's record has been expunged pursuant to
Section 943.0582, F.S., the 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 943.0582(2)(b),
F.S., if the arrest record can be identified within the agency's
records.
Notes
Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS.
New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.
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