11C-7.006: Procedures on Court-Ordered Expunctions
11C-7.007: Procedures on Court-Ordered Sealings
11C-7.009: Procedures on Juvenile Diversion Expunctions
PURPOSE AND EFFECT: Updates information and procedures.
SUMMARY: Changes to rules update forms, website information and procedures for sealing and expunction of criminal history records.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 943.03(4), 943.0582, 943.058(2), 943.059 FS.
LAW IMPLEMENTED: 943.03(4), 943.058(2), 943.0585, 943.059 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, April 2, 2008, 10:00 a.m.
PLACE: 2331 Phillips Road, Tallahassee, Florida 32308-1489
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Petrina Herring at (850)410-7100. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Petrina Herring, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308, (850)410-7100
THE FULL TEXT OF THE PROPOSED RULE IS:
11C-7.006 Procedures on Court-Ordered Expunctions.
(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) No change.
(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. July 2006 September, 1998), 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
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/expunge
(c) A written, certified statement from the appropriate state attorney or statewide prosecutor which meets the requirements set forth in Sections 943.0585(2)(a), F.S. The appropriate state attorney or statewide prosecutor should complete section B of the Application for Certification of Eligibility and have it certified.
(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.” 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
Telephone Number: (850)410-7870.
Website: http://www.fdle.state.fl.us/expunge
(e) No change.
(2) The complete application packet should be mailed or delivered to Accounting and Budgeting, Florida Department of Law Enforcement, ATTN: Expunge/Seal Section, Post Office The following notation should be placed on the envelope: “ATTENTION EXPUNGE SECTION.”
(3) through (4) No change.
(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-022, rev. July 2006 September, 1998), 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) No change.
Specific 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,_________.
11C-7.007 Procedures on Court-Ordered Sealings.
(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application for the certificate of eligibility must include:
(a) No change.
(b) A completed Application for Certification of Eligibility. The subject should complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021 rev. July 2006 10/01 and incorporated 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
Telephone Number: (850) 410-7870
Website: http://www.fdle.state.fl.us/expunge
(c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) or Fingerprint form (40-024, rev. February 2008). 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 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:
1. The Clerk of the Court, or
2. Florida Department of Law Enforcement
Expunge Section
Post Office Box 1489
Telephone Number: (850)410-7870
Website: www.fdle.state.fl.us/expunge/
(d) No change.
(2) The complete application packet should be mailed or delivered to Accounting and Budgeting, Florida Department of Law Enforcement, ATTN: Expunge/Seal Section, Post Office The following notation should be placed on the envelope: “ATTENTION EXPUNGE SECTION.”
(3) through (4) No change.
(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-022, rev. July 2006 September, 1998), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.
(6) No change.
Specific Authority 943.03(4), 943.059(2) FS. Law Implemented 943.059 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00,_________.
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) No change.
(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 40-022 (rev. February 2008 10/01), 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
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/expunge
(c) A written, certified statement from the state attorney for the county in which the arrest occurred, which meets the requirements set forth in Section 943.0582(3)(c), F.S. 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
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 Accounting and Budgeting, Florida Department of Law Enforcement, ATT: Expunge/Seal Section, Post Office Box 1489, Tallahassee, Florida 32302-1489. The following notation should be placed on the envelope: “ATTENTION EXPUNGE SECTION.”
(3) through (6) No change.
Specific Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended_________.