Florida

Criminal Procedure

Rule 3.692 – PETITION TO SEAL OR EXPUNGE

(a)Requirements of Petition.

(1) All relief sought by reason of sections 943.0585, Florida Statutes, shall be by written petition, filed with the clerk. The petition must be accompanied by:

(A) a valid certificate of eligibility issued by the Florida Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting that the petitioner:

(i) satisfies the eligibility requirement in section 943.0585(1), Florida Statutes;

(ii) is eligible for an expunction to the best of the petitioner’s knowledge; and

(iii) does not have any other petition to seal or expunge a criminal history record pending before any court.

The completed petition, sworn statement, and certificate of eligibility shall be served on the prosecuting attorney and the arresting authority; however, it is not necessary to make any agency other than the state a party.

(2) All relief sought pursuant to section 943.059, Florida Statutes, shall be by written petition, filed with the clerk. The petition must be accompanied by:

(A) a valid certificate of eligibility issued by the Florida Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting that the petitioner:

(i) satisfies the eligibility requirement in section 943.059(1), Florida Statutes;

(ii) is eligible for a sealing to best of the petitioner’s knowledge; and

(iii) does not have any other petition to seal or expunge a criminal history record pending before the court.

(b)State’s Response; Evidence. The prosecuting attorney and arresting agency may respond to the petition and sworn statement. The court may receive evidence on any issue of fact necessary to rule on the petition.

(c)Written Order. If the petition is granted, the court shall enter its written order so stating and further setting forth the records and agencies or departments to which it is directed. Any request for expunging or sealing of a criminal history record may be denied at the sole discretion of the court. The court may not order a criminal justice agency to expunge or seal a criminal history record until the petitioner has applied for and received a certificate of eligibility.

(d)Clerk’s Duties.

(1) On receipt of an order sealing or expunging non judicial criminal history records, the clerk shall:

(A) furnish a certified copy thereof to each agency or department named therein except the court;

(B) certify copies of the order to the appropriate state attorney, or statewide prosecutor, and the arresting agency; and

(C) certify a copy of the order to any other agency that the records of the court reflect has received the criminal history record from the court.

(2) In regard to the official records of the court, including the court file of the cause, the clerk shall:

(A) remove from the official records of the court, excepting the court file, all entries and records subject to the order, provided that, if it is not practical to remove the entries and records, the clerk shall make certified copies thereof and then expunge by appropriate means the original entries and records;

(B) seal the entries and records, or certified copies thereof, together with the court file and retain the same in a nonpublic index, subject to further order of the court (see Johnson v. State, 336 So. 2d 93 (Fla. 1976)); and

(C) in multi-defendant cases, make a certified copy of the contents of the court file that shall be sealed under subdivision (d) (2) (B) . Thereafter, all references to the petitioner shall be expunged from the original court file.

(e)Costs. Petitioner shall bear all costs of certified copies unless petitioner is indigent.

FL. R. Crim. P. 3.692

Amended by 265 So.3d 494, effective January 1, 2019; amended by 286 So.3d 214, effective 12/19/2019; amended by 137 So.3d 1015, effective 4/24/2014; amended by 132 So.3d 123, effective 1/1/2014; amended by 794 So.2d 457, effective 1/1/2001; amended by 639 So.2d 15, effective 6/16/1994; amended by 630 So.2d 552, effective 1/1/1994; amended by 462 So.2d 386, effective 1/1/1985; amended by 343 So.2d 1247, effective 7/1/1977.

Committee Notes.

1984 Amendment. Substantially the same as the former rule. The statutory reference in (1) was changed to cite the current statute and terminology was changed accordingly. Subdivision (f) of the former rule was deleted because it dealt with substantive matters covered by section 943.058, Florida Statutes (1981).

2000 Amendment. Substantially the same as the former rule, but references to certificate of eligibility for obtaining nonjudicial criminal history records were added pursuant to State v. D.H.W., 686 So. 2d 1331 (Fla. 1996).

2019 Amendment. Subdivisions addressing human trafficking were moved to rule 3.693.

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