Definition: Expungement occurs when a Court orders the physical destruction of a criminal record or part of the record by any criminal justice agency in possession of that record.
Note: Florida Department of Law Enforcement will retain a record even after the expunction.
How Many Times can a person receive an expungement? only once and it must be a first offense.
Applicable Statute: Chapter 943.0585 of the Florida Statutes, entitled "Court-ordered expunction of criminal history records." This statute can be found at http://www.leg.state.fl.us/Statutes/
Who qualifies? A person whose charge was dismissed before trial, which means a no information or nolle prosequi was filed by the State Attorney's Office may apply for an expunction right away, if it is a qualifying offense.
If adjudication was withheld or a trial resulted in acquittal (a verdict of not guilty), the person may be eligible for an expuction after the record has been sealed for 10 years.
Download application from FDLE webiste, use link below in the additonal sources section.
send a notarized application with the Office of the State Attorney to complete Section B of the Application.
Please refer to the statute for a list of offenses that do not qualify.
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