Florida Regulations 11C-7.010: Procedures on Early Juvenile Expunction
Current as of: 2024 | Check for updates
|
Other versions
(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under Florida Statutes Chapter 985, may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than 21 years of age. To be eligible for this form of expunction, the applicant must not have been charged by the state attorney with or found to have committed any criminal offense within the 5-year period before the application date. The application for the Early Juvenile Expunction 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 whether the application for expunction is granted. A fee waiver may be granted by the Executive Director of the Department, upon submission of a written request, and in his or her determination that the waiver is in the best interests of criminal justice.
(b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, (form number FDLE 40-028, rev. June 2021), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14426, 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 state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.
(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 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 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/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.
(f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Cherk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Cherk of the Court for providing this service.
(2) The complete application packet should be mailed or delivered, within the time frame prescribed by Section 943.0515(1)(b)2., F.S., 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 application and the specified record meet the requirements for Early Juvenile Expunction, which are listed in Section 943.0515(1)(b)2., 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 subject’s juvenile criminal history record if the application and the specified criminal history record meet the requirements for Early Juvenile Expunction, and will notify the subject. If the application and the specified criminal history record do not meet the requirements for Early Juvenile Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.
Rulemaking Authority Florida Statutes § 943.0515(1). Law Implemented 943.0515(1) FS. History-New 7-20-17, Amended 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.
Terms Used In Florida Regulations 11C-7.010
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, (form number FDLE 40-028, rev. June 2021), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14426, 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 state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.
(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 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 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/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.
(f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Cherk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Cherk of the Court for providing this service.
(2) The complete application packet should be mailed or delivered, within the time frame prescribed by Section 943.0515(1)(b)2., F.S., 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 application and the specified record meet the requirements for Early Juvenile Expunction, which are listed in Section 943.0515(1)(b)2., 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 subject’s juvenile criminal history record if the application and the specified criminal history record meet the requirements for Early Juvenile Expunction, and will notify the subject. If the application and the specified criminal history record do not meet the requirements for Early Juvenile Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.
Rulemaking Authority Florida Statutes § 943.0515(1). Law Implemented 943.0515(1) FS. History-New 7-20-17, Amended 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.