Florida Statutes 943.0578 – Lawful self-defense expunction
Current as of: 2023 | Check for updates
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(1) Notwithstanding the eligibility requirements defined in s. 943.0585(1) and (2), the department shall issue a certificate of eligibility for expunction under this section to a person who is the subject of a criminal history record if that person has obtained, and submitted to the department, on a form provided by the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to chapter 776.
(2) Each petition to expunge a criminal history record pursuant to this section must be accompanied by:
For details, see Fla. Stat. § 775.082(3)(e)
(a) A valid certificate of eligibility for expunction issued by the department pursuant to this section; and
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 943.0578
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) The petitioner’s sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief.
Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court.
(4) Section 943.0585(5) and (6) apply to an expunction ordered under this section.
(5) The department shall adopt rules to establish procedures for applying for and issuing a certificate of eligibility for expunction under this section.