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P R E S E N T E D B Y : M E S H O N R A W L S , E S Q .
S I N E A D D A L Y
G A T O R T E A M C H I L D J U V E N I L E L A W C L I N I C U N I V E R S I T Y O F F L O R I D A L E V I N C O L L E G E O F L A W
A C K N O W L E D G E M E N T S N E R Y A L O N S O , E S Q .
T H R E E R I V E R S L E G A L S E R V I C E S , I N C .
Criminal Records
Sealing & Expunging
AGENDA
Juvenile Diversion Expunction
Expunction (General)
Sealing
Additional Considerations & Highlights
First Question: What is a juvenile diversion
expunction? Fla. Stat. 943.0582
A Juvenile Diversion Expunction allows
juveniles who successfully complete a
diversion program, such as Teen Court, to
expunge the charge from their record.
Expunction is an action that removes a
criminal charge from your record.
Second Question: What are the benefits of a Juvenile Diversion Expunction?
Having a criminal history can affect numerous
aspects of life:
Education opportunities
Employment opportunities
Volunteer opportunities
A juvenile diversion expunction DOES NOT
prevent a juvenile from applying for a general
sealing/expunging in the future for any
subsequent charges
Third Question: Who qualifies for a juvenile
diversion expunction?
Juveniles who:
1. Participate in a diversion program that allows such
expunctions
2. Have submitted the appropriate application
(signed by a parent if juvenile is still a minor)
3. Submit the application within 12 months of
completing diversion program
4. Get State Attorney’s approval certifying the
juvenile completed a diversion program for a NON-
VIOLENT MISDEMEANOR and juvenile has not been
charged with or committed any other charges
Non-Violent Misdemeanors
Nonviolent misdemeanor
Includes simple assault and battery
Does NOT include any charges considered
“domestic violence”
Domestic Violence
Any assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, false imprisonment, or any criminal offense resulting
in physical injury or death of one family or household member by
another family or household member
Family or household member means spouses, former spouses,
persons related by blood or marriage, persons who are presently
residing together as if a family or who have resided together in
the past as if a family, and persons who are parents of a child in common, regardless of whether they have been married
9 Step Process for Juvenile Diversion Expunction
1. Go to Clerk of the Court’s office to obtain certified disposition
2. Visit www.fdle.state.fl.us
3. Click on “Instructions for Applying for a Juvenile Diversion Expunction”
4. Click on “Download Application for Juvenile Diversion Expunge”
5. Complete Section A (basic info that requires a notarized signature)
6. Send the application to the State Attorney’s Office so they can
complete Section B
Juvenile Diversion Expunction (Cont’d)
7. After receiving the application back from State Attorney’s office, go get
fingerprints taken
8. Obtain a NON-REFUNDABLE money order, Cashier’s check, or personal
check in the amount of $75.00 made payable to the Florida Department
of Law Enforcement.
9. Mail application, fingerprint card, certified copy of disposition, and
$75.00 money order or check to the FDLE address provided in instructions
Fourth Question: What happens if the Juvenile
Diversion is Granted by FDLE?
If you successfully receive a Juvenile Diversion Expunction, then:
You may lawfully deny or fail to acknowledge the arrest and
the charge covered by the expunged record, unless:
a criminal justice agency is using it to determine eligibility for
pre-arrest, post-arrest or teen court diversion programs;
the record is being sought as part of a criminal investigation;
or the subject of the record is a candidate for employment
with a criminal justice agency
Fifth Question: What happens if the Juvenile
Diversion Expunction is not Granted by FDLE?
If you are not eligible for a Juvenile Diversion Expunction, you
may still be able to seal/expunge your record through the
general expunging/sealing process
-According to Fla. Stat. 943.0515, a juvenile record will be
AUTOMATICALLY EXPUNGED at age 24 if the person is not
classified as a serious or habitual juvenile offender. If the person is
classified as a serious or habitual juvenile offender then the
juvenile record will be automatically expunged at age 26.
SO LONG AS, the person does not commit a forcible felony after age 18 and before the record is expunged.
Sixth Question: Are you eligible to have criminal
charge(s) sealed or expunged?
Ineligible: Adjudication of guilt: (in any state or county)
Criminal offense, comparable ordinance violation, or criminal traffic violation
Adjudicated delinquent for committing any felony or misdemeanor specified in Florida Statute §943.051(3)(b)
Pending or open criminal charge(s) Includes active court supervision
Prior/pending sealing or expunction (exception exists)
Certain criminal charges may not be sealed nor expunged
Not sure: Request criminal history information
Florida Department of Law Enforcement (F.D.L.E.)
https://web.fdle.state.fl.us/search/app/default
Federal Bureau of Investigations (F.B.I.)
http://www.fbi.gov/about-us/cjis/background-checks
Sealing vs. Expunction
Sealing Expunction
The preservation of a criminal
record under such
circumstances that:
It is secure and
Inaccessible to any person not
having a legal right of access to
the record or the information
contained therein.
Any criminal record of a minor or
an adult which is ordered
expunged by a court:
Must be physically destroyed
by any criminal agency having
custody of such record,
EXCEPT…
Any criminal record in the custody of the F.D.L.E. must be retained in all cases!
Seventh Question:
Which is appropriate: sealing or expunction?
Sealing, (§943.059, Fla. Stat. )
Usually, charge(s) were brought to trial and resulted in
the following findings:
Adjudication withheld
Acquitted
Note: Charge may be eligible for expunction after it has
been sealed for at least 10 years!!
Expunction, (§943.0585, Fla. Stat. )
Usually, charge(s) dismissed prior to trial:
Nolle Prosequi, No Information Filed, or similar finding
Scenario #1
After gathering the necessary documents, John
petitioned the court to have his worthless check
charge sealed and was successful. Now, it has been
eleven (11) years and John would like to have this
charge expunged. However, five(5) years ago, John
was charged with and formally convicted guilty of
possession of a suspended driver license. Adjudication
WAS NOT withheld.
Is he eligible to have the worthless check charge
expunged?
Exceptions:
Some charge(s) may NOT be sealed!!
Found guilty, pled guilty, or pled nolo contendere, even if adjudication was withheld, on any violation of
the following:
Offenses listed in §907.041, Fla. Stat. Arson
Aggravated assault
Aggravated battery
Illegal use of explosives
Child abuse or aggravated child abuse
Aircraft piracy
Kidnapping
Homicide
Manslaughter
Sexual battery
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
Continued…
Offenses (continued)
Robbery
Carjacking
Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial
authority
Burglary of a dwelling
Stalking of aggravated stalking
Act of domestic violence, as defined in §741.28
Home invasion robbery
Act of terrorism, as defined in §775.30
Attempting or conspiring to commit any of the above crimes
Manufacturing any substances in violation of Chapter 893
Continued…
Other offenses: Sexual misconduct regarding the disabled (§393.135 & §394.4593)
Sexual battery (Chapter 794)
Luring or enticing a child (§787.025)
Lewd or lascivious offenses committed upon or in the presence of persons under 16 years of age (§800.04)
Procuring a person under 18 for prostitution (§796.03)
Voyeurism (§810.14)
Florida Communications Fraud Act (§817.034)
Sexual performance by a child (§827.071)
Lewd or lascivious offenses against elderly or disabled persons (§825.1025)
Offenses by public officers and employees (Ch. 839)
Showing, etc., obscene literature to minor (§847.0133)
Computer pornography (§847.0135)
Selling or buying of minors (§847.0145)
Trafficking in controlled substances (§893.135)
Sexual misconduct of the mentally deficient and mentally ill (§916.1075)
A violation of any offense qualify for registration as a sexual predator under §775.21 or for registration as a sexual offender under §943.0435
Benefits of Sealing and Expunction
Sealing Expunction
The record will be secure from
unauthorized persons, including
the general public.
Most employers will not have
access to the information.
City, county, state, and federal
government agencies (including
the police and military) have a
legal right to access criminal
history records.
The record is destroyed.
Agencies that would have access
to a sealed charge will be
informed that criminal information
has been expunged from the
client’s record, but would only
have access to the information
through a court order.
Eighth Question: Which charge should I expunge or seal?
Felony vs. Misdemeanor
Multiple charges stemming from one arrest or
incident
The court may only order expunction or sealing of a
criminal record pertaining to one arrest or one incident of
alleged criminal activity.
The court may, at its sole discretion, order the expunction
or sealing of a criminal record pertaining to more than
one arrest if the additional arrests directly relate to the
original arrest.
A portion of the criminal record may be expunged or sealed
Scenario #2
Kimberly received an automatic expunction of
her juvenile record when she turned 24 years
old. She is now 30 years old and has a petit theft
charge on her record (adjudication withheld).
Is she eligible to have her record sealed or
expunged?
6 Step Process for Expunction
1. Obtain a certified Case Action Report for the specific charge you would like expunged.
Go to Clerk of Court in county where charge filed.
Report should indicate final disposition of charge.
2. Complete F.D.L.E. Application for Certificate of Eligibility.
Go to F.D.L.E. website for application package materials.
3. Forward Application to state attorney office (S.A.O.) where charge was filed, along with certified Case Action Report, a cover letter, and self-addressed envelope. (not required for sealing!)
S.A.O. will complete Section B of Application and return it to applicant.
4. Obtain $75 money order or cashier’s check (made payable to F.D.L.E.) and fingerprints.
Expunction Process (continued)
5. Once you receive F.D.L.E. Application from the S.A.O., mail it to the F.D.L.E. along with the certified Case Action Report, $75 fee, fingerprints, and a cover letter.
6. Once you receive a Certificate of Eligibility from the F.D.L.E., you are ready to petition the court!
You will need:
A cover letter to the Clerk of Court
Filing fee (varies according to jurisdiction)
Petition for Court-Ordered Expunction of Criminal History Records Requirements found in Fla. R. Crim. P. 3.692, 3.989 & §943.0585, Fla. Stat.
Certificate of Eligibility (original)
Affidavit in Support of Petition
Order to Expunge Records
Self-addressed envelopes
5 Step Process for Sealing
1. Obtain a certified Case Action Report for the specific charge you would like sealed.
Go to Clerk of Court in county where charge filed.
Report should indicate final disposition of charge.
2. Complete F.D.L.E. Application for Certificate of Eligibility.
Go to F.D.L.E. website for application package materials.
3. Obtain $75 money order or cashier’s check (made payable to F.D.L.E.) and fingerprints.
4. Once you gather all the items you need, mail the Application to the F.D.L.E. along with the certified Case Action Report, $75 fee, fingerprints, and a cover letter.
Sealing Process (continued)
5. Once you receive a Certificate of Eligibility from the F.D.L.E., you are ready to petition the court!
You will need:
A cover letter to the Clerk of Court
Filing fee (varies according to jurisdiction)
Petition for Court-Ordered Sealing of Criminal Records
Requirements found in Fla. R. Crim. P. 3.692, 3.989 & §943.059, Fla. Stat.
Certificate of Eligibility (original)
Affidavit in Support of Petition
Order to Seal Records
Self-addressed envelopes
Legally Deny or Fail to Acknowledge Arrest?
You can legally deny or fail to acknowledge the arrest(s) covered by the sealed or expunged charge UNLESS: Applying to change your immigration status,
Currently a defendant in a criminal prosecution, or
Seeking any of the following:
Employment with a criminal justice agency,
Employment/Contract with, or license by the Department of Children and Family services, laboratory school, any charter school, any private or parochial school, or any local government entity that licenses child care facilities,
Employment/use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged or elderly,
Purchasing a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (specific to sealing); or
Employment/access to a seaport,
Admission to the Florida Bar, OR
Petition to seal/expunge.
Additional Considerations & Highlights
A person can only EXPUNGE or SEAL one charge/one incident in the
State of Florida in a lifetime
Limitation does not pertain to a Juvenile Diversion Expunctions
Cannot EXPUNGE or SEAL if adjudicated of any crime
If arrest was contrary to law or by mistake, you can apply for an
ADMINISTRATIVE EXPUNCTION under Fla. Stat. 943.0581
Completing Applications – Employment & School
Private Companies – Background Checks
New Legislation
Questions?