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-7.006 - Procedures on Court-Ordered Expunctions

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to petitioning the court to expunge
				a criminal history record, the subject must apply to the Department for a
				certificate of eligibility for expunction. The application packet for the
				certificate of eligibility 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 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 Certification
				of Eligibility. The subject must complete section A of the application. The
				Application for Certification of Eligibility (form number FDLE 40-021, rev.
				June 2021), which is hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14423
,
				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 may 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(s) to which the Application for Certificate of Eligibility 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.