Fill and Sign the Florida Expungement Instructions Florida Form

GENERAL INSTRUCTIONS & INFORMATION: 1 1. Applicable law : Sections 943.0585 and 943.059, Florida Statutes, and Chapter 11C-7, Florida Administrative Code (FAC), govern the use of this application, for the expunction or sealing of non-judicial criminal history records by criminal justice agencies. These statutes and the implementing rules require that you obtain a Certificate of Eligibilit2 from the Florida Department of Law Enforcement (FDLE) prior to requesting a court for an order to seal or expunge your non-judicial criminal history records, and that you provide the information required by this application process. 2 3 2. Please type or print all information, except signatures. Complete all required portions of the application and submit all required documents and the processing fee noted below, under Section A. F ailure to disclose your social security number (SOC) may delay the processing time of your application. If 2our application is submitted without all the required information, documentation, or the processing fee, FDLE ma2 reject 2our application. 4 5 3. Mailing information : Mail your completed application package and fee to the following address: Florida Department of Law Enforcement ATTN: Expunge/Seal Section P.O. Box 1489 Tallahassee, Florida 32302-1489 1 4. Contact Information : FDLE’s Expunge/Seal Section – (850) 410-7870. 2 3 5. Optional Personal Review of 2our Florida criminal histor2 record : If you have questions about what appears in your Florida criminal history record maintained by FDLE, you may wish to obtain a Personal Review of your record from FDLE, pursuant to Chapter 11C-8, FAC, before submitting this application form . The Personal Review is optional and is not required for FDLE to process your Application for Certifcation of Eligibility for expunction or sealing of your record. To obtain a Personal Review, please complete and submit the enclosed FDLE Fingerprint form to FDLE at the address above. If you submit the fngerprint form for your Personal Review , please DO NOT send in the APPLICATION or the $75.00 processing fee until the Personal Review is completed; the results of your personal review may infuence your decision to request the expunction or sealing of your criminal history record. SECTION A: FOR ALL APPLICANTS 1 1. Complete ever2 part of SECTION A . Make sure your signature , as the applicant, is notarized . 2 3 2. If you were given a Notice to Appear and not physically arrested for the charge(s), indicate the date of the Notice to Appear in the box marked “Date of Arrest.” 1 3. NON-REFUNDABLE Processing Fee : Submit with your application a mone2 order or Cashier’s check in the amount of $75.00 , made payable to the Florida Department of Law Enforcement (FDLE). 2 3 4. Submit the attached fingerprint form with your fngerprints, as part of your application packet. This form must be completed b2 authorized personnel at a law enforcement or criminal justice agenc2 , using onl2 the attached FDLE Fingerprint form. (If you have obtained a Personal Review; send the fingerprint card back with the enclosed fngerprint form, please resubmit the same form for the Expunge/Seal “Certifcate of Eligibility” application.) 4 5. Provide a certified cop2 of the final disposition(s) for each of the charges you list on your application. Dispositions can usually be obtained from the ofce of the Clerk of Courts in the county where you were charged. For Pretrial Intervention and other Diversion programs , a certified letter of completion from the State Attorney or Statewide Prosecutor may substitute for a certifed disposition. If you received probation for any of the charges, you must also submit a certified cop2 of the termination of 2our probation . SECTION B: FOR EXPUNCTION APPLICANTS ONLY 1 1. Submit the application to the State Attorne2 or Statewide Prosecutor for completion of SECTION B onl2 if 2ou are appl2ing to have 2our records EXPUNGED. NOTE: In addition to proper completion of Section B, you must also submit the certifed copies of disposition(s) and termination of probation required under Section A. 2 SECTION C: FOR FDLE USE ONLY 3 Reasons for denial 4 Pursuant to Sections s.943.0585 and s.943 .059 , Florida Statutes, a Certifcate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances: 5 The criminal history record refects that you have been adjudicated guilty of a criminal ofense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specifed in s.943.051(3)b . Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked. 6 The criminal history record refects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains. 7 The criminal history record refects that you have received a prior sealing or expunction of a criminal history record under s.943.0585 , s.943.059 , former s.893.14, former s.901.33, former s.943.058, or from any jurisdiction outside the state. 8 The criminal history record to which the application pertains relates to a violation of s.393.135 , s.394.4593 , s.787.025 , chapter 794 , s.796.03 , s.800.04 , s.810.14 , s.817.034 , s.825.1025 , s.827.071 , chapter 839 , s.847.0133 , s.847.0135 , s.847.0145 , s.893.135 , s.916.1075 a violation enumerated in s.907.041 , or a violation of any ofense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual ofender under s.943.0435, F.S. , with a fnding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld). 9 The criminal history record refects that you have another petition to seal or expunge pending before a court or competent jurisdiction. 10 The criminal history record refects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed. 11 [For expunction onl2] The criminal history record refects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication. If no other disqualifcation applies, the record would be eligible to be sealed. 12 PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared on June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to Sections s.943.0585 and s.943.059 , Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certifcate of Eligibility to any person receiving a pardon who is otherwise ineligible for the sealing or expunging of the person’s criminal history record. 13 Disqualifying Charges for Expunction/Sealing A request for a certifcate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following: 14 Ofenses listed in S. 907.041, F.S. 1. Arson 2. Aggravated Assault 3. Aggravated Battery 4. Illegal use of explosives 5. Child abuse or Aggravated Child Abuse 6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult 7. Aircraft piracy 8. Kidnapping 9. Homicide 10. Manslaughter 11. Sexual Battery 12. Robbery 13. Carjacking 14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years 15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority 16. Burglary of a dwelling 17. Stalking and Aggravated Stalking 18. Act of Domestic Violence as defned in s. 741.28 F.S. 19. Home-invasion Robbery 20. Act of Terrorism as defned by s. 775.30 F.S. 21. Manufacturing any substances in violation of chapter 893 22. Attempting or conspiring to commit any of the above crimes S.393.135, F.S. Sexual misconduct with developmentally disabled person and related ofenses S.394.4593, F.S. Sexual misconduct with mental health patient and related ofenses S.787.025, F.S. Luring or enticing a child Chapter 794, F.S. Sexual Battery and related ofenses S.796.03, F.S. Procuring person under 18 for prostitution S.800.04, F.S. Lewd or lascivious ofenses committed upon or in the presence of persons less than 16 years of age S. 810.14, F.S. Voyeurism S.817.034, F.S. Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as used in s.817.034, F.S.) S.825.1025, F.S. Lewd or lascivious ofense upon or in presence of elderly person or disabled person S.827.071, F.S. Sexual performance by a child Chapter 839, F.S. Ofenses By Public Ofcers and Employees. S.847.0133, F.S. Showing, selling, etc., obscene literature to minor S.847.0135, F.S. Computer pornography S.847.0145, F.S. Selling or buying of minors S.893.135, F.S. Trafcking in controlled substances S 916.1075, F.S. Sexual misconduct with mentally defcient or mentally ill defendant and related ofenses A violation of any ofense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual ofender under s.943.0435 . FINGERPRINTS FOR APPLICATION FOR CERTIFICATION OF ELIGIBILITY Name: Last ________________ First ________________ Middle ______________ Alias (aka) Name: Last ________________ First ________________ Middle ______________ Place of RACE: ____ SEX: _____ DOB: _________ * SOC: _________ Birth: _______________ Please mail completed application and fingerprints to: FDLE, P.O. Box 1489, Tallahassee, FL 32302, Attn: Expunge/Seal Section Signature of official taking fingerprints: ____________________ ORI: __________________ Signature of person fingerprinted: _________________________ Date: __________________ 1. R. Thumb 2. R. Index 3. R. Middle 4. R. Ring 5. R. Little 6. L. Thumb 7. L. Index 8. L. Middle 9. L. Ring 10. L. Little Left Four Fingers Taken Simultaneously L. Thumb R. Thumb Right Four Fingers Taken Simultaneously • Social Security Number, this information is voluntary; failure to disclose may delay the processing time of your application. Form 40-024 DID YOU REMEMBER TO  Sign and date your application in front of a notary? Provide a certified disposition of your case? Include your name, race/sex, date of birth, social security number and signature on the fingerprint form? Provide a $75.00 check or money order made payable to FDLE? Have Section B completed by the State Attorney’s Office if seeking an expunction? Include Attorney’s letterhead, if applicant is represented by an attorney? Application Checklists The following checklists should help you make sure your application for expunction or sealing is complete. Items Necessary for an Application to be Accepted for Processing: -Completed, signed and notarized, Application for Certification of Eligibility -A check or money order made payable to FDLE in the amount of $75 -A certified copy of the disposition of the case to be sealed or expunged -A legible set of fingerprints recorded by a law enforcement agency on an applicant card -If the applicant is seeking to have the record expunged, Section B of the application must be completed and signed by the appropriate State Attorney or statewide prosecutor If any of these items are not present, the application will be returned to the individual with a letter stating what items need to be included. Once all items are obtained and the application is resubmitted it will be accepted for processing. At the current time, due to backlog, our processing time is an average of 40 days from the date of receipt until an applicant receives either a certificate or a denial letter. Things to double-check: -Signed and date your application in front of a notary -Provide a certified disposition of your case -Fill out your fingerprint card completely -Provide a $75 check or money order made payable to FDLE -Have Section B completed by the State Attorney's Office if you are seeking an expunction FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is at your option, and if you provide your SSN, FDLE will use it for purposes of identification, and may share the information with other agencies for the same purpose. FDLE’s request for your SSN is authorized by state law because use of it is imperative for FDLE to fulfill its lawful duties and responsibilities. Your failure to provide your SSN may result in a delay in processing your application or request. Instructions for Applying for a Certificate of Eligibility In order to obtain a Certificate of Eligibility to petition the court to seal or expunge a criminal history record, the following requirements must be met pursuant to s.943.0585(2) and s.943.059(2), Florida Statutes. Section A of the application must be completed and signed in the presence of a notary public. The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint form must include the applicant's name, race, sex, date of birth, *social security number (SOC) , and signature, prior to submission to FDLE. A FDLE Fingerprint Form, FD 40-024, is supplied with the application package. The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged. This may be obtained from the Clerk of Court in the county in which the charge(s) were brought. For Pre-trial Intervention cases and other Diversion programs, a certified letter of completion from the State Attorney's office may substitute for a certified disposition. Please provide a certified copy of Termination of Probation, if applicable. A NONREFUNDABLE money order or cashier's check for $75.00 made payable to the FDLE must accompany the application. If you are requesting an expunction of a criminal history record, you must have the state attorney or statewide prosecutor complete Section B of the application. (If not completed, the application will be processed as a sealing of your criminal history record). Special Note: All of the items listed above are required at the time that the application is submitted. If an item is missing or the application or fingerprint form is not completed, the application will be returned unprocessed. * This information is voluntary; failure to disclose may delay the processing time of your application