Fla. Admin. Code Ann. R. 11C-7.006 - Procedures on Court-Ordered Expunctions
(1) Prior to
petitioning the court to expunge a criminal history record, the subject must apply
to the Department for a certificate of eligibility for expunction. The application
packet for the certificate of eligibility must include:
(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
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
Certification of Eligibility. The subject must complete section A of the
application. The Application for Certification of Eligibility (form number FDLE
40-021, rev. June 2021), which is hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14423,
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 may 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(s) to which the Application for Certificate of Eligibility
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 information and the subject's criminal history
record to determine if the specified record meets the requirements for expungement,
which are listed in Section 943.0585, 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
send the subject a Certificate of Eligibility (form number FDLE 40-030, revised
December 2020, if the specified criminal history record meets the requirements for
expunction. If the specified criminal history record does not meet the requirements
for 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), 943.0585(2) FS. Law Implemented 943.0585 FS.
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