Section 11C-7.009 - Procedures on Juvenile Diversion Expunctions(1) A minor who has successfully completed a diversion program as authorized by Section 985.125, 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 packet for the Juvenile Diversion Expunction must include: (a) 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 (rev. July 2022), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-15824, may be obtained from:1. The Clerk of the Court, or2. Florida Department of Law Enforcement Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(b) The state attorney must provide the required written certification statement by completing section B of the Application for Juvenile Diversion Expunction.(c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) (rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. The fingerprinting must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data. If a copy of the Applicant Fingerprint Card or the FDLE fingerprint sheet is needed, it may be obtained from: 1. The Clerk of the Court, or2. Florida Department of Law Enforcement Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.(3) If the application packet is incomplete the Department will not process it. The incomplete packet, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject's responsibility to obtain the missing information and return the complete packet to the Department.(4) If the application packet is complete, the Department will review the submitted information and the minor subject's criminal history record to determine if the application and the specified record meet the requirements for Juvenile Diversion Expunction, which are listed in Section 943.0582, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.(5) The Department will expunge the minor subject's juvenile arrest record if the application and the specified criminal history record meet the requirements for Juvenile Diversion Expunction, and will notify the minor subject or his or her parent or legal guardian and the arresting agency of this action. Such expunction shall be as defined at Section 943.0582(2), F.S. If the application and the specified criminal history record do not meet the requirements for Juvenile Diversion Expunction, the Department will send the subject or his or her parent or legal guardian a letter stating the reason for ineligibility with an explanation of appeal rights.(6) Upon receipt of notification from the Department that the minor subject's record has been expunged pursuant to Section 943.0582, F.S., the arresting agency shall make a positive association between the individual and the arrest covered by the Department's notification letter and seal the arrest record as specified at Section 943.0582(2)(b), F.S., if the arrest record can be identified within the agency's records.Fla. Admin. Code Ann. R. 11C-7.009
Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS.
New 11-5-02, Amended 6-9-08, 5-29-14, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/20/2017, Amended by Florida Register Volume 45, Number 123, June 25, 2019 effective 7/9/2019, Amended by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/5/2020, Amended by Florida Register Volume 47, Number 086, May 4, 2021 effective 5/20/2021, Amended by Florida Register Volume 48, Number 120, June 21, 2022 effective 7/6/2022, Amended by Florida Register Volume 49, Number 158, August 15, 2023 effective 8/30/2023.New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.