Supreme Court of Florida

____________

No. SC19-1983

____________

IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL 

PROCEDURE 3.692 AND 3.989—2019 FAST-TRACK REPORT.

December 19, 2019

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to 

the Florida Rules of Criminal Procedure. See Fla. R. Jud. Admin. 2.140(e)(1). We 

have jurisdiction1 and adopt the amendments as proposed.

The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a 

fast-track out-of-cycle report proposing amendments to rules 3.692 (Petition to 

Seal or Expunge) and 3.989 (Affidavit; Petition; and Order to Expunge or Seal 

Forms), and proposing new rules 3.693 (Petition to Seal or Expunge; Human 

Trafficking), 3.694 (Petition to Seal or Expunge; Lawful Self-Defense 

Expunction), and 3.9895 (Human Trafficking: Sworn Statement; Petition; and 

 

1. See art. V, § 2(a), Fla. Const.
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Order to Expunge or Seal Records). The Committee’s proposals are in part based 

upon recent legislation, see chapter 2019-167, sections 47, 50, and 51, Laws of 

Florida, and are otherwise organizational.

Rule 3.962 is reorganized to pertain to the sealing and expunction of 

criminal history records pursuant to sections 943.0585, Court-ordered expunction 

of criminal history records, and 943.059, Court-ordered sealing of criminal history 

records, Florida Statutes (2019). New rules 3.693 and 3.9895 pertain to and are to 

be used by human trafficking victims seeking to seal or expunge related criminal 

records. New rule 3.694 pertains to sealing or expunging criminal records based 

upon a lawful self-defense pursuant to chapter 776, Florida Statutes (2019), 

Justifiable Use of Force. Finally, rule 3.989 is amended largely to remove portions 

of the form into new rule 3.9895.

Accordingly, the Florida Rules of Criminal Procedure are amended as 

reflected in the appendix to this opinion. New language is indicated by 

underscoring; deletions are indicated by struck-through type. The amendments 

shall take effect immediately upon the release of this opinion. Because the 

amendments were not published for comment prior to their adoption, interested 
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persons shall have seventy-five days from the date of this opinion in which to file 

comments with the Court.2

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., 

concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceedings – Florida Rules of Criminal Procedure

Jane A. McNeill, Chair, Criminal Procedure Rules Committee, Bartow, Florida; 

and Joshua E. Doyle, Executive Director, and Krys Godwin, Staff Liaison, The 

Florida Bar, Tallahassee, Florida,

 

2. All comments must be filed with the Court on or before March 3, 2020,

with a certificate of service verifying that a copy has been served on the 

Committee Chair, Jane Allie McNeill, 255 North Broadway Avenue, Floor 3, 

Bartow, Florida 33830-3912, jmcneill@pd10.org, and on the Bar Staff Liaison to 

the Committee, Krys Godwin, 651 E. Jefferson Street, Tallahassee, Florida 32399-

2300, kgodwin@floridabar.org, as well as a separate request for oral argument if 

the person filing the comment wishes to participate in oral argument, which may 

be scheduled in this case. The Committee Chair has until March 24, 2020, to file a 

response to any comments filed with the Court. If filed by an attorney in good 

standing with The Florida Bar, the comment must be electronically filed via the 

Florida Courts E-Filing Portal (Portal) in accordance with In re Electronic Filing 

in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. 

Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer 

not licensed to practice in Florida, the comment may be, but is not required to be, 

filed via the Portal. Comments filed via the Portal must be submitted in Microsoft 

Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. 

Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a 

comment electronically must mail or hand-deliver the originally signed comment 

to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, 

Tallahassee, Florida 32399-1927; no additional copies are required or will be 

accepted.
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for Petitioner
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APPENDIX

RULE 3.692. PETITION TO SEAL OR EXPUNGE

(a) Requirements of Petition. 

(1) All relief sought by reason of sections 943.0585–943.059, 

Florida Statutes, shall be by written petition, filed with the clerk. The petition shall 

state the grounds on which it is based and the official records to which it is directed 

and shall be supported by an affidavit of the party seeking relief, which affidavit 

shall state with particularity the statutory grounds and the facts in support of the 

motion. A petition seeking to seal or expunge nonjudicial criminal history records 

must be accompanied by a certificate of eligibility issued to the petitioner by the 

Florida Department of Law Enforcement.must be accompanied by:

(A) a valid certificate of eligibility issued by the Florida 

Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting that the 

petitioner: 

(i) satisfies the eligibility requirement in section 

943.0585(1), Florida Statutes;

(ii) is eligible for an expunction to the best of the 

petitioner’s knowledge; and 

(iii) does not have any other petition to seal or expunge 

a criminal history record pending before any court.

A copy of tThe completed petition, and affidavitsworn statement, and certificate of 

eligibility shall be served on the prosecuting attorney and the arresting authority; 

however, it is not necessary to make any agency other than the state a party.

(2) All relief sought by reason of section 943.0583, Florida 

Statutes, shall be by written petition, filed with the clerk. The petition shall state 

the grounds on which it is based and the official records to which it is directed; 

shall be supported by the petitioner’s sworn statement attesting that the petitioner 

is eligible for such an expunction; and to the best of his or her knowledge or belief 

that the petitioner does not have any other petition to expunge or any petition to 

seal pending before any court; and shall be accompanied by official documentation 
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of the petitioner’s status as a victim of human trafficking, if any exists. A petition 

to expunge, filed under section 943.0583, Florida Statutes, is not required to be 

accompanied by a certificate of eligibility from the Florida Department of Law 

Enforcement. A copy of the completed petition, sworn statement, and any other 

official documentation of the petitioner’s status as a victim of human trafficking, 

shall be served on the prosecuting attorney and the arresting authority.All relief 

sought pursuant to section 943.059, Florida Statutes, shall be by written petition, 

filed with the clerk. The petition must be accompanied by:

(A) a valid certificate of eligibility issued by the Florida 

Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting that the 

petitioner:

(i) satisfies the eligibility requirement in section 

943.059(1), Florida Statutes;

(ii) is eligible for a sealing to the best of the 

petitioner’s knowledge; and

(iii) does not have any other petition to seal or expunge 

a criminal history record pending before the court.

The completed petition, sworn statement, and certificate of eligibility shall be 

served on the prosecuting attorney and the arresting authority; however, it is not 

necessary to make any agency other than the state a party.

(b) State’s Response; Evidence. The prosecuting attorney and arresting 

agency may respond to the petition and affidavitsworn statement. The court may 

receive evidence on any issue of fact necessary to rule on the petition.

(c) Written Order. If the petition is granted, the court shall enter its 

written order so stating and further setting forth the records and agencies or 

departments to which it is directed. Any request for expunging or sealing of a 

criminal history record may be denied at the sole discretion of the court. The court 

may not order a criminal justice agency to expunge or seal a criminal history 

record until the petitioner has applied for and received a certificate of eligibility.
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(d) Copies of Order. On the receipt of an order sealing or expunging 

nonjudicial criminal history records, the clerk shall furnish a certified copy thereof 

to each agency or department named therein except the court.

(e) Clerk’s Duties.

(1) On receipt of an order sealing or expunging non judicial 

criminal history records, the clerk shall:

(A) furnish a certified copy thereof to each agency or 

department named therein except the court;

(B) certify copies of the order to the appropriate state 

attorney, or statewide prosecutor, and the arresting agency; and

(C) certify a copy of the order to any other agency that the 

records of the court reflect has received the criminal history record from the court.

(2) In regard to the official records of the court, including the court 

file of the cause, the clerk shall:

(1A) remove from the official records of the court, excepting 

the court file, all entries and records subject to the order, provided that, if it is not 

practical to remove the entries and records, the clerk shall make certified copies 

thereof and then expunge by appropriate means the original entries and records;

(2B) seal the entries and records, or certified copies thereof, 

together with the court file and retain the same in a nonpublic index, subject to 

further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and

(3C) in multi-defendant cases, make a certified copy of the 

contents of the court file that shall be sealed under subdivision (d)(2)(B). 

Thereafter, all references to the petitioner shall be expunged from the original court 

file.

(fe) Costs. Petitioner shall bear all costs of certified copies unless 

petitioner is indigent.

Committee Notes

1984 Amendment. Substantially the same as the former rule. The statutory 

reference in (1) was changed to cite the current statute and terminology was 
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changed accordingly. Subdivision (f) of the former rule was deleted because it 

dealt with substantive matters covered by section 943.058, Florida Statutes (1981).

2000 Amendment. Substantially the same as the former rule, but references 

to certificate of eligibility for obtaining nonjudicial criminal history records were 

added pursuant to State v. D.H.W., 686 So. 2d 1331 (Fla. 1996).

2019 Amendment. Subdivisions addressing human trafficking were moved 

to rule 3.693. 

RULE 3.693. PETITION TO SEAL OR EXPUNGE; HUMAN 

TRAFFICKING

(a) Requirements of Petition. 

(1) A person who is a victim of human trafficking may petition for 

the expunction of a criminal history record pursuant to section 943.0583, Florida 

Statutes. The petition shall be in writing and filed with the clerk of court in any 

county in the circuit in which the petitioner was arrested. The petition need not be 

filed in the court where the petitioner’s criminal proceeding originally occurred. 

The petition must be initiated by the petitioner with due diligence after the victim 

has ceased to be a victim of human trafficking or has sought services for victims of 

human trafficking. The petition to expunge is complete only when accompanied 

by:

(A) the petitioner’s sworn statement attesting that the 

petitioner is eligible for such an expunction to the best of his or her knowledge or 

belief and does not have any other petition to expunge or any petition to seal 

pending before any court; and 

(B) official documentation of the petitioner’s status as a 

victim of human trafficking, if any exists. 

The petition to expunge need not be accompanied by a certificate of eligibility 

from the Florida Department of Law Enforcement. The completed petition, sworn 

statement, and any other official documentation of the petitioner’s status as a 

victim of human trafficking, shall be served on the prosecuting attorney and the 

arresting authority; however, it is not necessary to make any agency other than the 

state a party.
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(b) State’s Response; Evidence. The prosecuting attorney and arresting 

agency may respond to the petition. Official documentation of the victim’s status 

creates a presumption that his or her participation in the offense was a result of 

having been a victim of human trafficking but is not required for granting a 

petition under section 943.0583, Florida Statutes. A determination made without 

such official documentation must be made by a showing of clear and convincing 

evidence. Determination of the petition under section 943.0583, Florida Statutes, 

should be by a preponderance of the evidence.

(c) Written Order. If the petition is granted, the court shall enter its 

written order so stating and further setting forth the records and agencies or 

departments to which it is directed.

(d) Clerk’s Duties. 

(1) On the receipt of an order sealing or expunging nonjudicial 

criminal history records, the clerk shall:

(A) furnish a certified copy thereof to each agency or 

department named therein except the court;

(B) certify copies of the order to the appropriate prosecuting 

attorney and the arresting agency; and 

(C) certify a copy of the order to any other agency which the 

records of the court reflect has received the criminal history record from the court. 

(2) In regard to the official records of the court, including the court 

file of the cause, the clerk shall:

(A) remove from the official records of the court, excepting 

the court file, all entries and records subject to the order, provided that, if it is not 

practical to remove the entries and records, the clerk shall make certified copies 

thereof and then expunge by appropriate means the original entries and records;

(B) seal the entries and records, or certified copies thereof, 

together with the court file and retain the same in a nonpublic index, subject to 

further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and

(C) in multi-defendant cases, make a certified copy of the 

contents of the court file that shall be sealed under subdivision (d)(2)(B). 
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Thereafter, all references to the petitioner shall be expunged from the original court 

file.

(e) Costs. Petitioner shall bear all costs of certified copies unless 

petitioner is indigent.

Committee Notes

2019 Amendment. Rule 3.693 was previously a part of rule 3.692.

RULE 3.694. PETITION TO SEAL OR EXPUNGE; LAWFUL SELFDEFENSE EXPUNCTION

(a) Requirements of Petition. All relief sought by reason of section 

943.0578, Florida Statutes, shall be by written petition, filed with the clerk. The 

petition must be accompanied by:

(1) a valid certificate of eligibility for expunction issued by the 

Florida Department of Law Enforcement pursuant to this section; and

(2) the petitioner’s sworn statement attesting that the petitioner is 

eligible for such an expunction to the best of his or her knowledge or belief. 

In judicial proceedings under this section, the completed petition to expunge shall 

be served upon the appropriate state attorney or the statewide prosecutor and upon 

the arresting agency; however, it is not necessary to make any agency other than 

the state a party. 

(b) State’s Response. The appropriate state attorney or the statewide 

prosecutor and the arresting agency may respond to the court regarding the 

completed petition to expunge.

(c) Written Order. If the petition is granted, the court shall enter its 

written order so stating and further setting forth the records and agencies or 

departments to which it is directed. Any request for expunging or sealing of a 

criminal history record may be denied at the sole discretion of the court. The court 

may not order a criminal justice agency to expunge or seal a criminal history 

record until the petitioner has applied for and received a certificate of eligibility.
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(d) Clerk’s Duties. 

(1) On the receipt of an order sealing or expunging nonjudicial 

criminal history records, the clerk shall:

(A) furnish a certified copy thereof to each agency or 

department named therein except the court;

(B) certify copies of the order to the appropriate prosecuting 

attorney and the arresting agency; and 

(C) certify a copy of the order to any other agency which the 

records of the court reflect has received the criminal history record from the court. 

(2) In regard to the official records of the court, including the court 

file of the cause, the clerk shall:

(A) remove from the official records of the court, excepting 

the court file, all entries and records subject to the order, provided that, if it is not 

practical to remove the entries and records, the clerk shall make certified copies 

thereof and then expunge by appropriate means the original entries and records;

(B) seal the entries and records, or certified copies thereof, 

together with the court file and retain the same in a nonpublic index, subject to 

further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and

(C) in multi-defendant cases, make a certified copy of the 

contents of the court file that shall be sealed under subdivision (d)(2)(B). 

Thereafter, all references to the petitioner shall be expunged from the original court 

file.

(e) Costs. Petitioner shall bear all costs of certified copies unless 

petitioner is indigent.

Committee Notes

2019 Amendment. New rule to address section 943.0578, Florida Statutes.
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RULE 3.989. AFFIDAVITSWORN STATEMENT; PETITION; AND 

ORDER TO EXPUNGE OR SEAL FORMS

(a) AffidavitSworn Statement in Support of Petition.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

AFFIDAVITSWORN STATEMENT

State of Florida

County of 

I, .....(name of defendant/petitioner)....., am the defendant/petitioner in the above-styled 

cause and I do hereby swear or affirm that:

1. I fully understand the meaning of all of the terms of this affidavitsworn statement.

2. I have never been adjudicated guilty of a criminal offense or a comparable 

ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor 

specified in section 943.051(3)(b), Florida Statutes.

3. I was arrested on .....(date)....., by .....(arresting agency)....., and I have not been 

adjudicated guilty of, nor adjudicated delinquent for committing, any of the acts stemming from 

that arrest or the alleged criminal activity surrounding my arrest.

4. I am eligible for the relief requested, to the best of my knowledge and belief, and 

do not have any other petition to expunge or seal pending before any court.
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5. I have never secured a prior records expunction or sealing under section 943.0585 

or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, Florida 

Statutes, or the record is otherwise eligible for expunction because it has been sealed for at least 

10 years.

6. (For use in expunction petitions only.) My record of arrest for this date has been 

sealed for at least 10 years; or an indictment, information, or other charging document was not 

filed against me for the above criminal transaction; or an indictment, information, or other 

charging document filed against me was dismissed by the prosecutor or the court.

Petitioner

Sworn to and subscribed before me on .....(date)......

NOTARY PUBLIC, or other person 

authorized to administer an oath

Printed, typed, or stamped

commissioned name of Notary Public

Personally known .......... or produced identification ...........

Type of identification produced ....................

My commission expires:
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(b) Order to Expunge.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner. )

 )

ORDER TO EXPUNGE UNDER

SECTION 943.0585, FLORIDA STATUTES,

AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692

THIS CAUSE having come on to be heard before me this date on a petition to expunge 

certain records of the petitioner’s arrest on .....(date)....., by .....(arresting agency)....., for 

.....(charges)....., and the court having heard argument of counsel and being otherwise fully 

advised in the premises, the court hereby finds the following:

1. The petitioner has never previously been adjudicated guilty of a criminal offense 

or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a 

misdemeanor specified in section 943.051(3)(b), Florida Statutes.

2. The petitioner was not adjudicated guilty of nor adjudicated delinquent for 

committing any of the acts stemming from the arrest or criminal activity to which this 

expunction petition pertains.

3. The petitioner has not secured a prior records expunction or sealing under section 

943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, 

Florida Statutes, or the record is otherwise eligible for expunction because it has been sealed for 

at least 10 years.

4. This record has either been sealed for at least 10 years; or no indictment, 

information, or other charging document was ever filed in this case against the petitioner; or an 

indictment, information, or other charging document filed against the defendant was dismissed 

by the prosecutor or the court.
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5. A Certificate of Eligibility issued by the Florida Department of Law Enforcement 

accompanied the petition for expunction of nonjudicial criminal history records. Whereupon it is

ORDERED AND ADJUDGED that the petition to expunge is granted. All court records 

pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in 

Florida Rule of Criminal Procedure 3.692; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy 

of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide 

prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will 

comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate 

regulations of the Florida Department of Law Enforcement, and who will further forward a copy 

of this order to any agency that their records reflect has received the instant criminal history 

record information; and it is further

ORDERED AND ADJUDGED that .....(arresting agency)..... shall expunge all 

information concerning indicia of arrest or criminal history record information regarding the 

arrest or alleged criminal activity to which this petition pertains in accordance with the 

procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal 

Procedure 3.692.

All costs of certified copies involved herein are to be borne by the ....................

DONE AND ORDERED in Chambers at .................... County, Florida, on .....(date)......

Circuit Court Judge
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(c) Order to Seal.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner. )

 )

ORDER TO SEAL RECORDS UNDER

SECTION 943.059, FLORIDA STATUTES,

AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692

THIS CAUSE having come on to be heard before me this date on petitioner’s petition to 

seal records concerning the petitioner’s arrest on .....(date)....., by the .....(arresting agency)....., 

and the court having heard argument of counsel and being otherwise advised in the premises, the 

court hereby finds:

1. The petitioner has never been previously adjudicated guilty of a criminal offense 

or comparable ordinance violation nor adjudicated delinquent for committing a felony or a 

misdemeanor specified in section 943.051(3)(b), Florida Statutes.

2. The petitioner was not adjudicated guilty of nor adjudicated delinquent for 

committing any of the acts stemming from the arrest or criminal activity to which the instant 

petition pertains.

3. The petitioner has not secured a prior records expunction or sealing under section 

943.0585 or 943.059, Florida Statutes, or under former section 893.14, 901.33, or 943.058, 

Florida Statutes.

4. A Certificate of Eligibility issued by the Florida Department of Law Enforcement 

accompanied the instant petition for sealing nonjudicial criminal history records. Whereupon it is
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ORDERED AND ADJUDGED that the petition to seal records is granted. All court 

records pertaining to the above-styled case shall be sealed in accordance with the procedures set 

forth in Florida Rule of Criminal Procedure 3.692; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy 

of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide 

prosecutor, ..... .....(arresting agency)....., and the ..... Sheriff of .................... County, who will 

comply with the procedures set forth in section 943.059, Florida Statutes, and appropriate 

regulations of the Florida Department of Law Enforcement, and who will further forward a copy 

of this order to any agency that their records reflect has received the instant criminal history 

record information; and it is further

ORDERED AND ADJUDGED that .....(arresting agency)..... shall seal all information 

concerning indicia of arrest or criminal history record information regarding the arrest or alleged 

criminal activity to which this petition pertains in accordance with the procedures set forth in 

section 943.059, Florida Statutes, and Florida Rule of Criminal Procedure 3.692.

All costs of certified copies involved herein are to be borne by the ....................

DONE AND ORDERED in Chambers at .................... County, Florida, on .....(date)......

Circuit Court Judge
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(d) Petition to Expunge or Seal.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

PETITION TO EXPUNGE OR SEAL

The petitioner, ...................., by and through the undersigned attorney, petitions this 

honorable court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0585, or 

..... section 943.059 Florida Statutes, to .....expunge/seal..... all criminal history record 

information in the custody of any criminal justice agency and the official records of the court 

concerning the petitioner’s arrest on .....(date)....., by .....(arresting agency)....., for 

.....(charges)....., and as grounds therefor shows:

1. On .....(date)....., the petitioner, ...................., a .....(race/sex)....., whose date of 

birth is .....(date of birth)....., was arrested by .....(arresting agency)....., and charged with 

.....(charges)......

2. The petitioner has not been adjudicated guilty of nor adjudicated guilty of 

committing any of the acts stemming from this arrest or alleged criminal activity.

3. The petitioner has not been previously adjudicated guilty of a criminal offense or 

a comparable ordinance violation, in this state nor adjudicated delinquent for committing a 

felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.

4. The petitioner has not secured a prior records expunction or sealing under section 

943.0585 or 943.059, Florida Statutes, or under former section 943.058, 893.14, Florida Statutes, 

or 901.33, Florida Statutes.

5. (To be used only when requesting expunction.) The petitioner’s record has been 

sealed under section 943.059, Florida Statutes, or under former section 943.058, 893.14, or 
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901.33, Florida Statutes, for at least 10 years; or there has not been an indictment, information, 

or other charging document filed against the petitioner who is the subject of this criminal history 

record information; or an indictment, information, or other charging document filed against the 

petitioner who is the subject of this criminal history information was dismissed by the prosecutor 

or the court.

6. A Certificate of Eligibility for .....expunction/sealing..... of nonjudicial criminal 

history records issued by the Florida Department of Law Enforcement accompanies this petition.

WHEREFORE, the petitioner moves to .....expunge/seal..... any criminal history record 

information and any official court records regarding his/her arrest by .....(arresting agency)....., 

for .....(charges)....., on .....(date)......

I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been 

served on .....(name of prosecuting authority)....., (check one) ..... State Attorney for the .......... 

Judicial Circuit, in and for .................... County, ..... Special Prosecutor, ..... Statewide 

Prosecutor; .....(arresting agency).....; .................... (Sheriff of county in which defendant was 

arrested, if different); and the Florida Department of Law Enforcement, on .....(date)......

Name:

Address:

City/State:

Telephone Number:

E-mail Address:

Fla. Bar No.:
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(e) Petition to Expunge; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM 

The petitioner, ...................., by and through the undersigned attorney, petitions this 

honorable court, under Florida Rule of Criminal Procedure 3.692 and section 943.0583, Florida 

Statutes, to expunge all criminal history record information in the custody of any criminal justice 

agency and the official records of the court concerning the petitioner’s arrest and/or conviction 

on .....(date(s))....., by .....(arresting agency and/or prosecuting authority)....., for .....(charges 

and/or offenses)....., and as grounds therefor shows: 

1. On .....(date(s))....., the petitioner, ...................., a .....(race/sex)....., whose date of 

birth is .....(date of birth)....., was arrested by .....(arresting agency)....., and charged with 

.....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 

2. The petitioner has been the victim of human trafficking, as discussed in section 

787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other 

than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which he/she was 

the victim or at the direction of an operator of the scheme as evidenced by the attached official 

documentation of his/her status, or may be shown by clear and convincing evidence presented to 

the Court. 

WHEREFORE, the petitioner moves to expunge any criminal history record information 

and any official court records regarding his/her arrest and/or conviction by .....(arresting agency 

and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., on .....(date(s))...... 
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I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been 

served on .....(name of prosecuting authority)....., (check one) ..... State Attorney for the .......... 

Judicial Circuit, in and for .................... County, ..... Special Prosecutor, ..... Statewide 

Prosecutor; .....(arresting agency).....; .................... (Sheriff of county in which defendant was 

arrested, if different); and the Florida Department of Law Enforcement, on .....(date)......

Name:

Address:

City/State:

Telephone Number:

E-mail Address:

Fla. Bar No.:

Personally known .......... or produced identification ..........

Type of identification procedure ...........

My commission expires:
- 22 -

(f) Affidavit in Support of Petition; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

AFFIDAVIT/HUMAN TRAFFICKING VICTIM

State of Florida 

County of 

I, .....(name of defendant/petitioner)....., am the defendant/petitioner in the above-styled 

cause and I do hereby swear or affirm that: 

1. I fully understand the meaning of all of the terms of this affidavit. 

2. I have been the victim of human trafficking, as discussed in section 787.06, 

Florida Statutes, and have committed, or was reported to have committed, an offense, other than 

those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which I was the 

victim or at the direction of an operator of the scheme. 

3. I was arrested and/or convicted on .....(date(s))....., by .....(arresting agency and/or 

name of prosecuting authority)......

4. I am eligible for the relief requested, to the best of my knowledge and belief, and 

.....(do or do not)..... have any other petition to expunge or seal pending before any court.

Petitioner
- 23 -

Sworn to and subscribed before me on .....(date)......

NOTARY PUBLIC, or other person 

authorized to administer an oath

Printed, typed, or stamped

commissioned name of Notary Public

Personally known .......... or produced identification ........... 

Type of identification produced .................... 

My commission expires:
- 24 -

(g) Order to Expunge; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,

UNDER SECTION 943.0583, FLORIDA STATUTES,

AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692

THIS CAUSE, having come on to be heard before me this date upon a petition to 

expunge certain records of the petitioner’s arrest and/or conviction on .....(date(s))....., by 

.....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or 

offenses)....., and the court having heard argument of counsel and being otherwise fully advised 

in the premises, the court hereby finds the following: 

The petitioner has been the victim of human trafficking, as discussed in section 787.06, 

Florida Statutes, and has committed an offense, or is reported to have committed, other than 

those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which he/she was 

the victim, or at the direction of an operator of the scheme. A conviction expunged under this 

section is deemed to have been vacated due to a substantive defect in the underlying criminal 

proceedings.

Whereupon it is 

ORDERED AND ADJUDGED that the petition to expunge is granted. All court records 

pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in 

Florida Rule of Criminal Procedure 3.692; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy 

of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide 
- 25 -

prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will 

comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate 

regulations of the Florida Department of Law Enforcement, and who will further forward a copy 

of this order to any agency that their records reflect has received the instant criminal history 

record information; and it is further 

ORDERED AND ADJUDGED that .....(arresting agency)..... shall expunge all 

information concerning indicia of arrest, conviction, or criminal history record information 

regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in 

accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule 

of Criminal Procedure 3.692. 

All costs of certified copies involved herein are to be borne by the .................... 

DONE AND ORDERED in Chambers at .................... County, Florida, on .....(date)......

Circuit Court Judge

Committee Notes

1984 Adoption. In order to have uniformity throughout the state, the 

committee proposes these forms for petition to expunge or seal, order to seal, and 

order to expunge and affidavit. These also should be a great asset to counsel and an 

invaluable asset to the clerks and FDLE, etc., who will be receiving orders in the 

future. The subcommittee working on these proposed forms has contacted law 

enforcement agencies, clerks, etc., for their input as to these proposed forms. 

2019 Amendment. Subdivisions addressing human trafficking were moved 

to rule 3.9895. 
- 26 -

RULE 3.9895 HUMAN TRAFFICKING: SWORN STATEMENT; 

PETITION; AND ORDER TO EXPUNGE OR SEAL 

RECORDS

(a) Petition to Expunge; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM 

The petitioner, ...................., by and through the undersigned attorney, petitions this 

honorable court, under Florida Rule of Criminal Procedure 3.693 and section 943.0583, Florida 

Statutes, to expunge all criminal history record information in the custody of any criminal justice 

agency and the official records of the court concerning the petitioner’s arrest and/or conviction 

on .....(date(s))....., by .....(arresting agency and/or prosecuting authority)....., for .....(charges 

and/or offenses)....., and as grounds therefor shows: 

1. On .....(date(s))....., the petitioner, ...................., a .....(race/sex)....., whose date of 

birth is .....(date of birth)....., was arrested by .....(arresting agency)....., and charged with 

.....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 

2. The petitioner has been the victim of human trafficking, as discussed in section 

787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other 

than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which he/she was 

the victim or at the direction of an operator of the scheme as evidenced by the attached official 

documentation of his/her status, or may be shown by clear and convincing evidence presented to 

the Court. 
- 27 -

WHEREFORE, the petitioner moves to expunge any criminal history record information 

and any official court records regarding his/her arrest and/or conviction by .....(arresting agency 

and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., on .....(date(s))...... 

I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been 

served on .....(name of prosecuting authority)....., (check one) ..... State Attorney for the .......... 

Judicial Circuit, in and for .................... County, ..... Special Prosecutor, ..... Statewide 

Prosecutor; .....(arresting agency).....; and .................... (Sheriff of county in which defendant was 

arrested, if different); on .....(date)......

Name:

Address:

City/State:

Telephone Number:

E-mail Address:

Fla. Bar No.:

Personally known .......... or produced identification ..........

Type of identification procedure ...........

My commission expires:
- 28 -

(b) Sworn Statement in Support of Petition; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

SWORN STATEMENT/HUMAN TRAFFICKING VICTIM

State of Florida 

County of 

I, .....(name of defendant/petitioner)....., am the defendant/petitioner in the above-styled 

cause and I do hereby swear or affirm that: 

1. I fully understand the meaning of all of the terms of this sworn statement. 

2. I have been the victim of human trafficking, as discussed in section 787.06, 

Florida Statutes, and have committed, or was reported to have committed, an offense, other than 

those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which I was the 

victim or at the direction of an operator of the scheme. 

3. I was arrested and/or convicted on .....(date(s))....., by .....(arresting agency and/or 

name of prosecuting authority)......

4. I am eligible for the relief requested, to the best of my knowledge and belief, and 

.....(do or do not)..... have any other petition to expunge or seal pending before any court.

Petitioner
- 29 -

Sworn to and subscribed before me on .....(date)......

NOTARY PUBLIC, or other person 

authorized to administer an oath

Printed, typed, or stamped

commissioned name of Notary Public

Personally known .......... or produced identification ........... 

Type of identification produced .................... 

My commission expires:
- 30 -

(c) Order to Expunge; Human Trafficking Victim.

In the Circuit Court of the

Judicial Circuit,

in and for 

County, Florida

Case No.: 

Division 

State of Florida, )

)

 Plaintiff, )

)

v. )

)

 , )

)

 Defendant/Petitioner )

 )

ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,

UNDER SECTION 943.0583, FLORIDA STATUTES,

AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693

THIS CAUSE, having come on to be heard before me this date upon a petition to 

expunge certain records of the petitioner’s arrest and/or conviction on .....(date(s))....., by 

.....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or 

offenses)....., and the court having heard argument of counsel and being otherwise fully advised 

in the premises, the court hereby finds the following: 

The petitioner has been the victim of human trafficking, as discussed in section 787.06, 

Florida Statutes, and has committed an offense, or is reported to have committed, other than 

those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or 

reported to have been committed, as a part of a human trafficking scheme of which he/she was 

the victim, or at the direction of an operator of the scheme. A conviction expunged under this 

section is deemed to have been vacated due to a substantive defect in the underlying criminal 

proceedings.

Whereupon it is 

ORDERED AND ADJUDGED that the petition to expunge is granted. All court records 

pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in 

Florida Rule of Criminal Procedure 3.693; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy 

of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide 
- 31 -

prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will 

comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate 

regulations of the Florida Department of Law Enforcement, and who will further forward a copy 

of this order to any agency that their records reflect has received the instant criminal history

record information; and it is further 

ORDERED AND ADJUDGED that .....(arresting agency)..... shall expunge all 

information concerning indicia of arrest, conviction, or criminal history record information 

regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in 

accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule 

of Criminal Procedure 3.693. 

All costs of certified copies involved herein are to be borne by the ....................

DONE AND ORDERED in Chambers at .................... County, Florida, on .....(date)......

Circuit Court Judge

Committee Notes

2019 Amendment. Rule 3.9895 was previously a part of rule 3.989.