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?