Fla. Admin. Code Ann. R. 11C-7.012 - Procedures on Lawful Self-Defense Expunctions
(1) Prior to petitioning the court for an
expunction of a criminal history record, the subject must apply to the
Department for a certificate of eligibility for expunction. The application for
the certificate of eligibility must include:
(a) A money order, cashier's check, certified
check, personal check or business check in the amount of $75.00 made payable to
the Florida Department of Law Enforcement. This processing fee is
non-refundable, regardless of the results of the certification review. A fee
waiver may be granted by the Executive Director of the Department upon
submission of a written request and in his determination that the waiver is in
the best interests of criminal justice.
(b) A completed Application for a
Certification of Eligibility for Lawful Self-Defense Expunction. The subject
must complete section A of the application. The Application for Certification
of Eligibility for Lawful Self-Defense Expunction under Section
943.0578 F.S. (form number FDLE
40-026, rev. June 2021), are hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14427,
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
(c) The appropriate state attorney or
statewide prosecutor must provide the required written certified statement by
completing section B of the Application for Certification of
Eligibility.
(d) 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 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
(e) A certified copy of the disposition of
the charge or charges to which the application to expunge pertains. The subject
should obtain this document from the Clerk of the Court in the appropriate
jurisdiction. The subject must pay any fees required by the Clerk of the Court
for providing this service.
(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, 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.
(4) If the
application packet is complete, the Department will review the submitted
applicant and written certfied statement from the appropriate state attorney or
statewide prosectuor, to determine if the applicant meets the requirements for
a lawful self-defense expungement, which are listed in Section 943.0587, F.S.
Questions regarding the status of a review should be directed to the Seal and
Expunge Section at (850)410-7870.
(5) The Department will send the subject a
Certificate of Eligibility (form number FDLE 40-027, rev. October 2019) if the
specified criminal history record meets the requirements for lawful
self-defense expunction. If the specified criminal history record does not meet
the requirements for lawful self-defense expunction, the Department will send
the subject a letter stating the reason for ineligibility with an explanation
of appeal rights.
(6) Upon receipt
of a certified court order to expunge a criminal history record, the arresting
agency shall:
(a) Make a positive association
between the individual and the arrest covered by the court order and the arrest
record generated by it; if the arrest record can be identified within the
agency's records;
(b) Forward the
Certificate of Eligibility, a certified copy of the court order, and a letter
of transmittal to the Department. The letter of transmittal shall make specific
reference to identifying information, including:
1. Name;
2. Alias/Maiden Name(s);
3. Date of Birth;
4. Social Security Number (if
available);
5. Date or Dates of
Arrest;
6. Arrest Number or Numbers
and Original Charges;
7. FDLE
Number and FBI Number (if known).
The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.
Notes
Rulemaking Authority 943.03(4), 943.0578(5) FS. Law Implemented 943.0578 FS.
New 5-5-20, Amended 5-20-21, 7-6-22, 8-30-23.
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