Florida Rule of Criminal Procedure 3.692
RULE 3.692. PETITION TO SEAL OR EXPUNGE
(a) Requirements of Petition.
(1) All relief sought by reason of sections 943.0585,
Florida Statutes, shall be by written petition, filed with the clerk.
The petition must be accompanied by:
(A) a valid certificate of eligibility issued by the
Florida Department of Law Enforcement; and
(B) a sworn statement by the petitioner attesting
that the petitioner:
(i) satisfies the eligibility requirement in
section 943.0585(1), Florida Statutes;
(ii) is eligible for an expunction to the best of
the petitioner’s knowledge; and
(iii) does not have any other petition to seal
or expunge a criminal history record pending before any court.
The completed petition, sworn statement, and certificate of
eligibility shall be served on the prosecuting attorney and the
arresting authority; however, it is not necessary to make any agency
other than the state a party.
(2) All relief sought pursuant to section 943.059,
Florida Statutes, shall be by written petition, filed with the clerk.
The petition must be accompanied by:
(A) a valid certificate of eligibility issued by the
Florida Department of Law Enforcement; and
(B) a sworn statement by the petitioner attesting
that the petitioner:
(i) satisfies the eligibility requirement in
section 943.059(1), Florida Statutes;
(ii) is eligible for a sealing to best of the
petitioner’s knowledge; and
(iii) does not have any other petition to seal
or expunge a criminal history record pending before the court.
The completed petition, sworn statement, and certificate of
eligibility shall be served on the prosecuting attorney and the
arresting authority; however, it is not necessary to make any agency
other than the state a party.
(b) State’s Response; Evidence. The prosecuting attorney
and arresting agency may respond to the petition and sworn
statement. The court may receive evidence on any issue of fact
necessary to rule on the petition.
(c) Written Order. If the petition is granted, the court shall
enter its written order so stating and further setting forth the
records and agencies or departments to which it is directed. Any
request for expunging or sealing of a criminal history record may be
denied at the sole discretion of the court. The court may not order a
criminal justice agency to expunge or seal a criminal history record
until the petitioner has applied for and received a certificate of
eligibility.
(d) Clerk’s Duties.
(1) On receipt of an order sealing or expunging non
judicial criminal history records, the clerk shall:
(A) furnish a certified copy thereof to each agency
or department named therein except the court;
(B) certify copies of the order to the appropriate
state attorney, or statewide prosecutor, and the arresting agency;
and
(C) certify a copy of the order to any other agency
that the records of the court reflect has received the criminal
history record from the court.
(2) In regard to the official records of the court,
including the court file of the cause, the clerk shall:
(A) remove from the official records of the court,
excepting the court file, all entries and records subject to the order,
provided that, if it is not practical to remove the entries and
records, the clerk shall make certified copies thereof and then
expunge by appropriate means the original entries and records;
(B) seal the entries and records, or certified copies
thereof, together with the court file and retain the same in a
nonpublic index, subject to further order of the court (see Johnson
v. State, 336 So. 2d 93 (Fla. 1976)); and
(C) in multi-defendant cases, make a certified copy
of the contents of the court file that shall be sealed under
subdivision (d)(2)(B). Thereafter, all references to the petitioner shall
be expunged from the original court file.
(e) Costs. Petitioner shall bear all costs of certified copies
unless petitioner is indigent.
Committee Notes
1984 Amendment. Substantially the same as the former rule.
The statutory reference in (1) was changed to cite the current
statute and terminology was changed accordingly. Subdivision (f) of
the former rule was deleted because it dealt with substantive
matters covered by section 943.058, Florida Statutes (1981).
2000 Amendment. Substantially the same as the former rule,
but references to certificate of eligibility for obtaining nonjudicial
criminal history records were added pursuant to State v. D.H.W.,
686 So. 2d 1331 (Fla. 1996).
2019 Amendment. Subdivisions addressing human
trafficking were moved to rule 3.693.
(a) Requirements of Petition.
(1) All relief sought by reason of sections 943.0585,
Florida Statutes, shall be by written petition, filed with the clerk.
The petition must be accompanied by:
(A) a valid certificate of eligibility issued by the
Florida Department of Law Enforcement; and
(B) a sworn statement by the petitioner attesting
that the petitioner:
(i) satisfies the eligibility requirement in
section 943.0585(1), Florida Statutes;
(ii) is eligible for an expunction to the best of
the petitioner’s knowledge; and
(iii) does not have any other petition to seal
or expunge a criminal history record pending before any court.
The completed petition, sworn statement, and certificate of
eligibility shall be served on the prosecuting attorney and the
arresting authority; however, it is not necessary to make any agency
other than the state a party.
(2) All relief sought pursuant to section 943.059,
Florida Statutes, shall be by written petition, filed with the clerk.
The petition must be accompanied by:
(A) a valid certificate of eligibility issued by the
Florida Department of Law Enforcement; and
(B) a sworn statement by the petitioner attesting
that the petitioner:
(i) satisfies the eligibility requirement in
section 943.059(1), Florida Statutes;
(ii) is eligible for a sealing to best of the
petitioner’s knowledge; and
(iii) does not have any other petition to seal
or expunge a criminal history record pending before the court.
The completed petition, sworn statement, and certificate of
eligibility shall be served on the prosecuting attorney and the
arresting authority; however, it is not necessary to make any agency
other than the state a party.
(b) State’s Response; Evidence. The prosecuting attorney
and arresting agency may respond to the petition and sworn
statement. The court may receive evidence on any issue of fact
necessary to rule on the petition.
(c) Written Order. If the petition is granted, the court shall
enter its written order so stating and further setting forth the
records and agencies or departments to which it is directed. Any
request for expunging or sealing of a criminal history record may be
denied at the sole discretion of the court. The court may not order a
criminal justice agency to expunge or seal a criminal history record
until the petitioner has applied for and received a certificate of
eligibility.
(d) Clerk’s Duties.
(1) On receipt of an order sealing or expunging non
judicial criminal history records, the clerk shall:
(A) furnish a certified copy thereof to each agency
or department named therein except the court;
(B) certify copies of the order to the appropriate
state attorney, or statewide prosecutor, and the arresting agency;
and
(C) certify a copy of the order to any other agency
that the records of the court reflect has received the criminal
history record from the court.
(2) In regard to the official records of the court,
including the court file of the cause, the clerk shall:
(A) remove from the official records of the court,
excepting the court file, all entries and records subject to the order,
provided that, if it is not practical to remove the entries and
records, the clerk shall make certified copies thereof and then
expunge by appropriate means the original entries and records;
(B) seal the entries and records, or certified copies
thereof, together with the court file and retain the same in a
nonpublic index, subject to further order of the court (see Johnson
v. State, 336 So. 2d 93 (Fla. 1976)); and
(C) in multi-defendant cases, make a certified copy
of the contents of the court file that shall be sealed under
subdivision (d)(2)(B). Thereafter, all references to the petitioner shall
be expunged from the original court file.
(e) Costs. Petitioner shall bear all costs of certified copies
unless petitioner is indigent.
Committee Notes
1984 Amendment. Substantially the same as the former rule.
The statutory reference in (1) was changed to cite the current
statute and terminology was changed accordingly. Subdivision (f) of
the former rule was deleted because it dealt with substantive
matters covered by section 943.058, Florida Statutes (1981).
2000 Amendment. Substantially the same as the former rule,
but references to certificate of eligibility for obtaining nonjudicial
criminal history records were added pursuant to State v. D.H.W.,
686 So. 2d 1331 (Fla. 1996).
2019 Amendment. Subdivisions addressing human
trafficking were moved to rule 3.693.