Florida Regulations 11C-7.007: Procedures on Court-Ordered Sealings
Current as of: 2024 | Check for updates
|
Other versions
(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application packet for the certificate of eligibility must include:
(a) A money order, cashier’s check, certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.
(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. June 2021 and incorporated by reference) https://www.flrules.org/Gateway/reference.asp?No=Ref-14424, may be obtained from:
1. The Clerk of the Court, or
2. 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
(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 Florida Statutes § 943.053(13) 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 FDLE fingerprint sheet is needed, it may be obtained from:
1. The Clerk of the Court, or
2. 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
(d) A certified copy of the disposition of the charge or charges to which the Application for Certificate of Eligibility to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.
(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, along with the processing fee, 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 subject’s criminal history record to determine if the specified record meets the requirements for sealing, which are listed in Florida Statutes § 943.059 Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.
(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-029, revised December 2020), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.
(6) Upon receipt of a certified court order to seal a criminal history record, the arresting agency shall:
(a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;
(b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:
1. Name;
2. Alias/Maiden Names;
3. Date of Birth;
4. Social Security Number (If Available);
5. Date or Dates of Arrest;
6. Arrest Number or Numbers and Original Charges;
7. FDLE Number and FBI Number (If Known).
The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.
Rulemaking Authority Florida Statutes § 943.03(4), 943.059(2) FS. Law Implemented Florida Statutes § 943.059. History-New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.
Terms Used In Florida Regulations 11C-7.007
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. June 2021 and incorporated by reference) https://www.flrules.org/Gateway/reference.asp?No=Ref-14424, may be obtained from:
1. The Clerk of the Court, or
2. 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
(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 Florida Statutes § 943.053(13) 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 FDLE fingerprint sheet is needed, it may be obtained from:
1. The Clerk of the Court, or
2. 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
(d) A certified copy of the disposition of the charge or charges to which the Application for Certificate of Eligibility to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.
(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, along with the processing fee, 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 subject’s criminal history record to determine if the specified record meets the requirements for sealing, which are listed in Florida Statutes § 943.059 Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.
(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-029, revised December 2020), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.
(6) Upon receipt of a certified court order to seal a criminal history record, the arresting agency shall:
(a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;
(b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:
1. Name;
2. Alias/Maiden Names;
3. Date of Birth;
4. Social Security Number (If Available);
5. Date or Dates of Arrest;
6. Arrest Number or Numbers and Original Charges;
7. FDLE Number and FBI Number (If Known).
The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.
Rulemaking Authority Florida Statutes § 943.03(4), 943.059(2) FS. Law Implemented Florida Statutes § 943.059. History-New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19, 5-5-20, 5-20-21, 7-6-22, 8-30-23.