Florida Administrative Code for Expunge Sealing (7006)

Below I have combined the Florida Administrative Codes 11C-7.006 and 11C-7.007 since there is very little difference between them. I have noted the differences in the text below.

11C-7.006 (11C-7.007) Procedures on Court-Ordered Expunctions (Sealings).

(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 for the certificate of eligibility must include:

(a) A money order, cashier’s check, or certified 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. December 2009), incorporated here by reference, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement, Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489. Telephone Number: (850) 410-7870. Website: http://www.fdle.state.fl.us/expunge

(c) The appropriate state attorney or statewide prosecutor should complete section B of the Application for Certification of Eligibility and have it certified.

The above paragraph is for expungements only.

(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) or Fingerprint form 40-024, (rev. February 2008) and incorporated here by reference. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form “Application For Certification Of Eligibility For Expunction (Sealing).” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card is needed, it may be obtained from:

The italicized words in the paragraph above are only found in 11C-7.006.

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement, Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489. Telephone Number: (850) 410-7870. Website: http://www.fdle.state.fl.us/expunge

(e) A certified copy of the disposition of the charge or charges to which the petition 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.

(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Expunge/Seal Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

(4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for expungement, which are listed in Section 943.0585, F.S. Questions regarding the status of the review should be directed to the Expunge Section at (850) 410-7870.

(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-022, rev. July 2006), incorporated here by reference, if the specified criminal history record meets the requirements for expunction. If the specified criminal history record does not meet the requirements for expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

(a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records,
(b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

1. Name;

2. Alias/Maiden Name(s);

3. Sex;

4. Race;

5. Date of Birth;

6. Social Security Number (If Available);

7. Date or Dates of Arrest;

8. Arrest Number or Numbers and Original Charges;

9. FDLE Number and FBI Number (If Known).

The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

Rulemaking Authority 943.03(4), 943.058(2) FS. Law Implemented 943.0585 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10.

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