Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.012 - Procedures on Lawful Self-Defense Expunctions

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to petitioning the court for an
				expunction of a criminal history record, the subject must apply to the
				Department for a certificate of eligibility for expunction. The application for
				the certificate of eligibility must include:
(a) A money order, cashier's check, certified
				check, personal check or business check in the amount of $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 a
				Certification of Eligibility for Lawful Self-Defense Expunction. The subject
				must complete section A of the application. The Application for Certification
				of Eligibility for Lawful Self-Defense Expunction under Section
				 943.0578 F.S. (form number FDLE
				40-026, rev. June 2021), are hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14427
,
				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 must 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 or charges to which the application 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.