Fla Admin Code for Juvenile Expungements (7009)

These are the procedures that FDLE must follow when processing a qualified juvenile arrest record expungement.

11C-7.009 Procedures on Juvenile Diversion Expunctions.

(1) A minor who has successfully completed a prearrest or postarrest diversion program as authorized by Section 985.3065, F.S., which program satisfies the requirements found at Section 943.0582, F.S., may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application for the Juvenile Diversion Expunction 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 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 determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025 (rev. July 2013, effective 5/2014), hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03946, 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 state attorney should complete section B of the Application for Juvenile Diversion Expunction and have it certified.

(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) or Fingerprint form 40-024. 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 Juvenile Diversion Expunction.” 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:

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

(2) The complete application packet should be mailed or delivered, within the time limits prescribed by Section 943.0582, F.S., 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 minor subject’s criminal history record to determine if the application and the specified record meet the requirements for Juvenile Diversion Expunction, which are listed in Section 943.0582, F.S. Questions regarding the status of the review should be directed to the Expunge Section at (850) 410-7870.

(5) The Department will expunge the minor subject’s juvenile diversion arrest record if the application and the specified criminal history record meet the requirements for Juvenile Diversion Expunction, and will notify the minor subject or his or her parent or legal guardian and the arresting agency of this action. Such expunction shall be as defined at Section 943.0582(2), F.S. If the application and the specified criminal history record do not meet the requirements for Juvenile Diversion Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) Upon receipt of notification from the Department that the minor subject’s record has been expunged pursuant to Section 943.0582, F.S., the arresting agency shall make a positive association between the individual and the arrest covered by the Department’s notification letter and seal the arrest record as specified at Section 943.0582(2)(b), F.S., if the arrest record can be identified within the agency’s records.

Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended 6-9-08, 5-29-14.

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