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PETITION TO EXPUNGE/SEAL CRIMINAL RECORDS
Florida Statutes

Title XLVII Criminal Procedure and Corrections
Chapter 943 Department Of Law Enforcement
Sections 943.0585 and 943.059
Control Number FL-EXPCRI-01
FORMS INCLUDED

Form One - Petition to Expunge or Seal

Form Two - Affidavit in Support of Petition

Form Three - Order to Expunge

Form Four - Order to Seal Records

GENERAL INFORMATION

In Florida, there are very strict criteria for sealing or expunging court records. If you have
been charged, but not convicted of a misdemeanor or felony offense, because adjudication was
withheld or the state declined to prosecute, and you have not had any other court record sealed or
expunged in the state, you may be eligible. By Florida law, there are specific charges that cannot
be sealed or expunged, regardless of whether or not adjudication was withheld.

This packet contains forms for both expunction and sealing of records. There are
pronounced differences between a sealed record and a record that has been expunged. A sealed
record could be opened for inspection by you, your attorney, a criminal justice agency and, in
specific situations, a prospective employer. An expunged record would no longer exist, since the
file and any references to it, are destroyed.

PETITION TO EXPUNGE CRIMINAL HISTORY RECORDS

Step One: Apply to the Florida Department of Law Enforcement A Certificate of Eligibilty
will be issued if you:
(a) Have obtained, and submitted to the department, a written,
certified statement from the appropriate state attorney or statewide
prosecutor which indicates:
1. That an indictment, information, or other charging
document was not filed or issued in the case.
2. That an indictment, information, or other charging
document, if filed or issued in the case, was dismissed or
nolle prosequi by the state attorney or statewide prosecutor,
or was dismissed by a court of competent jurisdiction.
3. That the criminal history record does not relate to a
violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,
chapter 839, s. 893.135, or a violation enumerated in s.
907.041, where the defendant was found guilty of, or pled
guilty or nolo contendere to any such offense, or that the
defendant, as a minor, was found to have committed, or
pled guilty or nolo contendere to committing, such an
offense as a delinquent act, without regard to whether
adjudication was withheld.
(b) Remits a $75 processing fee to the department, unless such fee is
waived by the executive director.
(c) Has submitted to the department a certified copy of the disposition
of the charge to which the petition to expunge pertains.
(d) Has never, prior to the date on which the application for a
certificate of eligibility is filed, been adjudicated guilty of a
criminal offense or comparable ordinance violation or adjudicated
delinquent for committing a felony or a misdemeanor specified in
s. 943.051(3)(b).
(e) Has not been adjudicated guilty of, or adjudicated delinquent for
committing, any of the acts stemming from the arrest or alleged
criminal activity to which the petition to expunge pertains.
(f) Has never secured a prior sealing or expunction of a criminal
history record under this section, former s. 893.14, former s.
901.33, or former s. 943.058.
(g) Is no longer under court supervision applicable to the disposition
of the arrest or alleged criminal activity to which the petition to
expunge pertains.
(h) Is not required to wait a minimum of 10 years prior to being
eligible for an expunction of such records because all charges
related to the arrest or criminal activity to which the petition to
expunge pertains were dismissed prior to trial, adjudication, or the
withholding of adjudication. Otherwise, such criminal history
record must be sealed under this section, former s. 893.14, former
s. 901.33, or former s. 943.058 for at least 10 years before such
record is eligible for expunction.

Step Two: Complete Petition to Expunge and Affidavit in Support and File with the Court.
Serve a copy of the Petition with the appropriate prosecuting attorney as noted in
the Petition.

Step Three: Once the appropriate forms are filed with the Clerk of Court, the Judge reviews
the documents filed at a court hearing which is scheduled by the Court. If the
Judge approves the request, then an Order is signed. This Order is filed with the
Clerk's Office. Copies of this Order are sent to F.D.L.E., the State Attorney's
Office, the arresting agency, the Sheriff's Office, and the Department of
Probation.

PETITION TO SEAL CRIMINAL HISTORY RECORDS

Step One: Apply to the Florida Department of Law Enforcement A Certificate of Eligibilty
will be issued if you:
(a) Has submitted to the department a certified copy of the disposition
of the charge to which the petition to seal pertains.
(b) Remits a $75 processing fee to the department for placement in the
Department of Law Enforcement Operating Trust Fund, unless
such fee is waived by the executive director.
(c) Has never, prior to the date on which the application for a
certificate of eligibility is filed, been adjudicated guilty of a
criminal offense or comparable ordinance violation or adjudicated
delinquent for committing a felony or a misdemeanor specified in
s. 943.051(3)(b).
(d) Has not been adjudicated guilty of or adjudicated delinquent for
committing any of the acts stemming from the arrest or alleged
criminal activity to which the petition to seal pertains.
(e) Has never secured a prior sealing or expunction of a criminal
history record under this section, former s. 893.14, former s.
901.33, or former s. 943.058.
(f) Is no longer under court supervision applicable to the disposition
of the arrest or alleged criminal activity to which the petition to
seal pertains.

Step Two: Complete Petition to Expunge and Affidavit in Support and File with the Court.
Serve a copy of the Petition with the appropriate prosecuting attorney as noted in
the Petition.

____________________________
Plaintiff,
Case No. _______________________
v.

____________________________
Defendant.

PETITION TO EXPUNGE OR SEAL

The petitioner, ___________________________, petitions this honorable court, under
Florida Rule of Criminal Procedure 3.692 and §section 943.0585, or §943.059 Florida
Statutes, to expunge seal all criminal history record information in the custody of any
criminal justice agency and the official records of the court concerning the petitioner's arrest on
__________________(date), by _____________________________(arresting agency), for
____________________________________________(charges), and as grounds therefor shows:

1. On ________________(date), the petitioner, a ____________________ (race/sex),
whose date of birth is ____________________(date of birth), was arrested by ______________
(arresting agency), and charged with ____________________________________(charges).

2. The petitioner has not been adjudicated guilty of nor adjudicated guilty of committing
any of the acts stemming from this arrest or alleged criminal activity.

3. The petitioner has not been previously adjudicated guilty of a criminal offense or a
comparable ordinance violation nor adjudicated delinquent for committing a felony or a
misdemeanor specified in section 943.051(3)(b), Florida Statutes.

4. The petitioner has not secured a prior records expunction or sealing under section
943.0585, or 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section
893.14, Florida Statutes, or former section 901.33, Florida Statutes, or any other law, rule, or
authority.

5. (To be used only when requesting expunction.) The petitioner's record has been sealed
under section 943.059, Florida Statutes, former section 943.058, Florida Statutes, former section
893.14, Florida Statutes, or former section 901.33, Florida Statutes, for at least 10 years; or there
has not been an indictment, information, or other charging document filed against the petitioner
who is the subject of this criminal history record information; or an indictment, information, or
other charging document filed against the petitioner who is the subject of this criminal
history information was dismissed by the prosecutor or the court.
6. A Certificate of Eligibility for expunge seal of non-judicial criminal history
records issued by the Florida Department of Law Enforcement accompanies this petition.

WHEREFORE, the petitioner moves to expunge seal any criminal history record
information and any official court records regarding his/her arrest by ______________________
(arresting agency), for _______________________ (charges), on _________________ (date).

I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been
served on ______________ (name of prosecuting authority), (check one) State Attorney for
the _________ Judicial Circuit, in and for _______________ County, Special Prosecutor,
Statewide Prosecutor); _________________ (arresting agency); __________________ (Sheriff
of county in which defendant was arrested, if different); and the Florida Department of Law
Enforcement, on _________________(date).

______________________________
Name:

______________________________
Address:

______________________________
City/State:

______________________________
Telephone Number:
Form Two - Affidavit in Support of Petition.
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT
IN AND FOR ___________________ COUNTY, FLORIDA

____________________________
Plaintiff,
Case No. _______________________
v.

____________________________
Defendant.

AFFIDAVIT

State of Florida

County of __________

I, _________________________________(name of defendant/petitioner), am the
defendant/petitioner in the above-styled cause and I do hereby swear or affirm that:

1. I fully understand the meaning of all of the terms of this affidavit.

2. I have never been adjudicated guilty of a criminal offense or a comparable ordinance
violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in
section 943.051(3)(b), Florida Statutes.

3. I was arrested on_______________(date), by_________________________(arresting
agency), and I have not been adjudicated guilty of, nor adjudicated delinquent for committing,
any of the acts stemming from that arrest or the alleged criminal activity surrounding my arrest.

4. I am eligible for the relief requested, to the best of my knowledge and belief, and do not
have any other petition to expunge or seal pending before any court.

5. I have never secured a prior records expunction or sealing under any law.

6. (For use in expunction petitions only.) My record of arrest for this date has been sealed
for at least 10 years; or an indictment, information, or other charging document was not filed
against me for the above criminal transaction; or an indictment, information, or other charging
document filed against me was dismissed by the prosecutor or the court.

_____________________________________
Petitioner
Sworn to and subscribed before me on _____________(date)

_____________________________________
NOTARY PUBLIC, or other person
authorized to administer an oath
_____________________________________
Printed, typed, or stamped
commissioned name of Notary Public

Personally known ______ or produced identification _______
Type of identification produced _______________________

My commission expires: ____________
Form Three - Order to Expunge
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT
IN AND FOR ___________________ COUNTY, FLORIDA

____________________________
Plaintiff,
Case No. _______________________
v.

____________________________
Defendant.

ORDER TO EXPUNGE UNDER
SECTION 943.0585, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692

THIS CAUSE having come on to be heard before me this date upon a petition to expunge
certain records of the petitioner's arrest on ________________ (date), by ___________________
(arresting agency), for _______________________ (charges), and the court having heard
argument of counsel and being otherwise fully advised in the premises, the court hereby finds the
following:

1. The petitioner has never previously been adjudicated guilty of a criminal offense or a
comparable ordinance violation nor adjudicated delinquent for committing a felony or a
misdemeanor specified in section 943.051(3)(b), Florida Statutes.

2. The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing
any of the acts stemming from the arrest or criminal activity to which this expunction petition
pertains.

3. The petitioner has not secured a prior records expunction or sealing.

4. This record has either been sealed for at least 10 years; or no indictment, information, or
other charging document was ever filed in this case against the petitioner; or an indictment,
information, or other charging document filed against the defendant was dismissed by the
prosecutor or the court.

5. A Certificate of Eligibility issued by the Florida Department of Law Enforcement
accompanied the petition for expunction of non-judicial criminal history records. Whereupon it
is

ORDERED AND ADJUDGED that the petition to expunge is granted. All court records
pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in
Florida Rule of Criminal Procedure 3.692; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy
of this order to the (check one) state attorney, special prosecutor, statewide prosecutor;
__________________ (arresting agency), and the Sheriff of __________________ County, who
will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate
regulations of the Florida Department of Law Enforcement, and who will further forward a copy
of this order to any agency that their records reflect has received the instant criminal history
record information; and it is further

ORDERED AND ADJUDGED that __________________ (arresting agency) shall
expunge all information concerning indicia of arrest or criminal history record information
regarding the arrest or alleged criminal activity to which this petition pertains in accordance with
the procedures set forth in section 943.0585, Florida Statutes, and Florida Rule of Criminal
Procedure 3.692.

All costs of certified copies involved herein are to be borne by the ______________________.

DONE AND ORDERED in Chambers at _____________ County, Florida, on
_________________(date).

_______________________________
Circuit Court Judge
Form Four – Order to Seal Records
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT
IN AND FOR ___________________ COUNTY, FLORIDA

____________________________
Plaintiff,
Case No. _______________________
v.

____________________________
Defendant.

ORDER TO SEAL RECORDS UNDER
SECTION 943.059, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692

THIS CAUSE having come on to be heard before me this date on petitioner's petition to seal
records concerning the petitioner's arrest on __________(date), by the __________________
(arresting agency), and the court having heard argument of counsel and being otherwise advised
in the premises, the court hereby finds:

1. The petitioner has never been previously adjudicated guilty of a criminal offense or
comparable ordinance violation nor adjudicated delinquent for committing a felony or a
misdemeanor specified in section 943.051(3)(b), Florida Statutes.

2. The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing
any of the acts stemming from the arrest or criminal activity to which the instant petition
pertains.

3. The petitioner has not secured a prior records expunction or sealing.

4. A Certificate of Eligibility issued by the Florida Department of Law Enforcement
accompanied the instant petition for sealing non-judicial criminal history records. Whereupon it
is

ORDERED AND ADJUDGED that the petition to seal records is granted. All court
records pertaining to the above-styled case shall be sealed in accordance with the procedures set
forth in Florida Rule of Criminal Procedure 3.692; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy
of this order to the (check one) state attorney, special prosecutor, statewide prosecutor,
_______________ (arresting agency), and the Sheriff of _____________ County, who will
comply with the procedures set forth in section 943.059, Florida Statutes, and appropriate
regulations of the Florida Department of Law Enforcement, and who will further forward a copy
of this order to any agency that their records reflect has received the instant criminal history
record information; and it is further
ORDERED AND ADJUDGED that _________________ (arresting agency) shall seal all
information concerning indicia of arrest or criminal history record information regarding the
arrest or alleged criminal activity to which this petition pertains in accordance with the
procedures set forth in section 943.059, Florida Statutes, and Florida Rule of Criminal Procedure
3.692.

All costs of certified copies involved herein are to be borne by the ________________.

DONE AND ORDERED in Chambers at _______________ County, Florida, on
________________ (date).

_______________________________
Circuit Court Judge