Florida Regulations 11C-7.009: Procedures on Juvenile Diversion Expunctions
Current as of: 2024 | Check for updates
|
Other versions
(1) A minor who has successfully completed a diversion program as authorized by Florida Statutes § 985.125, which program satisfies the requirements found at Florida Statutes § 943.0582, 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 Florida Statutes § 943.053(13) 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 Florida Statutes § 943.0582 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 Florida Statutes § 943.0582(2) 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 Florida Statutes § 943.0582, 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.
Rulemaking Authority 943.0582 FS. Law Implemented Florida Statutes § 943.0582. History-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.
Terms Used In Florida Regulations 11C-7.009
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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 Florida Statutes § 943.053(13) 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 Florida Statutes § 943.0582 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 Florida Statutes § 943.0582(2) 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 Florida Statutes § 943.0582, 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.
Rulemaking Authority 943.0582 FS. Law Implemented Florida Statutes § 943.0582. History-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.