Florida Rule of Criminal Procedure 3.694
RULE 3.694. PETITION TO SEAL OR EXPUNGE; LAWFUL
SELF-DEFENSE EXPUNCTION
(a) Requirements of Petition. All relief sought by reason of
section 943.0578, Florida Statutes, shall be by written petition, filed
with the clerk. The petition must be accompanied by:
(1) a valid certificate of eligibility for expunction issued
by the Florida Department of Law Enforcement pursuant to this
section; and
(2) 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.
In judicial proceedings under this section, the completed petition to
expunge shall be served upon the appropriate state attorney or the
statewide prosecutor and upon the arresting agency; however, it is
not necessary to make any agency other than the state a party.
(b) State’s Response. The appropriate state attorney or the
statewide prosecutor and the arresting agency may respond to the
court regarding the completed petition to expunge.
(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 the receipt of an order sealing or expunging
nonjudicial 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
prosecuting attorney and the arresting agency; and
(C) certify a copy of the order to any other agency
which 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
2019 Amendment. New rule to address section 943.0578,
Florida Statutes.
XIV. SENTENCE
SELF-DEFENSE EXPUNCTION
(a) Requirements of Petition. All relief sought by reason of
section 943.0578, Florida Statutes, shall be by written petition, filed
with the clerk. The petition must be accompanied by:
(1) a valid certificate of eligibility for expunction issued
by the Florida Department of Law Enforcement pursuant to this
section; and
(2) 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.
In judicial proceedings under this section, the completed petition to
expunge shall be served upon the appropriate state attorney or the
statewide prosecutor and upon the arresting agency; however, it is
not necessary to make any agency other than the state a party.
(b) State’s Response. The appropriate state attorney or the
statewide prosecutor and the arresting agency may respond to the
court regarding the completed petition to expunge.
(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 the receipt of an order sealing or expunging
nonjudicial 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
prosecuting attorney and the arresting agency; and
(C) certify a copy of the order to any other agency
which 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
2019 Amendment. New rule to address section 943.0578,
Florida Statutes.
XIV. SENTENCE