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-7.010 - Procedures on Early Juvenile Expunction

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who has not been committed to a
				juvenile correctional facility or juvenile prison under Chapter 985, F.S., 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 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/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.