Florida Rule of Criminal Procedure 3.989
RULE 3.989. SWORN STATEMENT; PETITION; AND ORDER TO
EXPUNGE OR SEAL FORMS
(a) Sworn Statement in Support of Petition.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have never been adjudicated guilty of a criminal offense
or a comparable ordinance violation nor adjudicated delinquent for
committing a felony or a misdemeanor specified in section
943.051(3)(b), Florida Statutes.
3. I was arrested on .....(date)....., by .....(arresting
agency)....., and I have not been adjudicated guilty of, nor
adjudicated delinquent for committing, any of the acts stemming
from that arrest or the alleged criminal activity surrounding my
arrest.
4. I am eligible for the relief requested, to the best of my
knowledge and belief, and do not have any other petition to expunge
or seal pending before any court.
5. I have never secured a prior records expunction or
sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes,
or the record is otherwise eligible for expunction because it has
been sealed for at least 10 years.
6. (For use in expunction petitions only.) My record of arrest
for this date has been sealed for at least 10 years; or an indictment,
information, or other charging document was not filed against me
for the above criminal transaction; or an indictment, information, or
other charging document filed against me was dismissed by the
prosecutor or the court.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(b) Order to Expunge.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner. )
)
ORDER TO EXPUNGE UNDER
SECTION 943.0585, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE having come on to be heard before me this date
on a petition to expunge certain records of the petitioner’s arrest on
.....(date)....., by .....(arresting agency)....., for .....(charges)....., and
the court having heard argument of counsel and being otherwise
fully advised in the premises, the court hereby finds the following:
1. The petitioner has never previously been adjudicated
guilty of a criminal offense or a comparable ordinance violation nor
adjudicated delinquent for committing a felony or a misdemeanor
specified in section 943.051(3)(b), Florida Statutes.
2. The petitioner was not adjudicated guilty of nor
adjudicated delinquent for committing any of the acts stemming
from the arrest or criminal activity to which this expunction petition
pertains.
3. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes,
or the record is otherwise eligible for expunction because it has
been sealed for at least 10 years.
4. This record has either been sealed for at least 10 years;
or no indictment, information, or other charging document was ever
filed in this case against the petitioner; or an indictment,
information, or other charging document filed against the defendant
was dismissed by the prosecutor or the court.
5. A Certificate of Eligibility issued by the Florida
Department of Law Enforcement accompanied the petition for
expunction of nonjudicial criminal history records. Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.692; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0585, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest or
criminal history record information regarding the arrest or alleged
criminal activity to which this petition pertains in accordance with
the procedures set forth in section 943.0585, Florida Statutes, and
Florida Rule of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by
the ....................
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
(c) Order to Seal.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner. )
)
ORDER TO SEAL RECORDS UNDER
SECTION 943.059, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE having come on to be heard before me this date
on petitioner’s petition to seal records concerning the petitioner’s
arrest on .....(date)....., by the .....(arresting agency)....., and the
court having heard argument of counsel and being otherwise
advised in the premises, the court hereby finds:
1. The petitioner has never been previously adjudicated
guilty of a criminal offense or comparable ordinance violation nor
adjudicated delinquent for committing a felony or a misdemeanor
specified in section 943.051(3)(b), Florida Statutes.
2. The petitioner was not adjudicated guilty of nor
adjudicated delinquent for committing any of the acts stemming
from the arrest or criminal activity to which the instant petition
pertains.
3. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes.
4. A Certificate of Eligibility issued by the Florida
Department of Law Enforcement accompanied the instant petition
for sealing nonjudicial criminal history records. Whereupon it is
ORDERED AND ADJUDGED that the petition to seal records
is granted. All court records pertaining to the above-styled case
shall be sealed in accordance with the procedures set forth in
Florida Rule of Criminal Procedure 3.692; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the ..... Sheriff of ....................
County, who will comply with the procedures set forth in section
943.059, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall seal all information concerning indicia of arrest or criminal
history record information regarding the arrest or alleged criminal
activity to which this petition pertains in accordance with the
procedures set forth in section 943.059, Florida Statutes, and
Florida Rule of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by
the ....................
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
(d) Petition to Expunge or Seal.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE OR SEAL
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.692 and section ..... 943.0585, or ..... section
943.059 Florida Statutes, to .....expunge/seal..... all criminal
history record information in the custody of any criminal justice
agency and the official records of the court concerning the
petitioner’s arrest on .....(date)....., by .....(arresting agency)....., for
.....(charges)....., and as grounds therefor shows:
1. On .....(date)....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)......
2. The petitioner has not been adjudicated guilty of nor
adjudicated guilty of committing any of the acts stemming from this
arrest or alleged criminal activity.
3. The petitioner has not been previously adjudicated guilty
of a criminal offense or a comparable ordinance violation, in this
state nor adjudicated delinquent for committing a felony or a
misdemeanor specified in section 943.051(3)(b), Florida Statutes.
4. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 943.058, 893.14, Florida Statutes, or 901.33,
Florida Statutes.
5. (To be used only when requesting expunction.) The
petitioner’s record has been sealed under section 943.059, Florida
Statutes, or under former section 943.058, 893.14, or 901.33,
Florida Statutes, for at least 10 years; or there has not been an
indictment, information, or other charging document filed against
the petitioner who is the subject of this criminal history record
information; or an indictment, information, or other charging
document filed against the petitioner who is the subject of this
criminal history information was dismissed by the prosecutor or the
court.
6. A Certificate of Eligibility for .....expunction/sealing..... of
nonjudicial criminal history records issued by the Florida
Department of Law Enforcement accompanies this petition.
WHEREFORE, the petitioner moves to .....expunge/seal.....
any criminal history record information and any official court
records regarding his/her arrest by .....(arresting agency)....., for
.....(charges)....., on .....(date)......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; ....................
(Sheriff of county in which defendant was arrested, if different); and
the Florida Department of Law Enforcement, on .....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Committee Notes
1984 Adoption. In order to have uniformity throughout the
state, the committee proposes these forms for petition to expunge or
seal, order to seal, and order to expunge and affidavit. These also
should be a great asset to counsel and an invaluable asset to the
clerks and FDLE, etc., who will be receiving orders in the future.
The subcommittee working on these proposed forms has contacted
law enforcement agencies, clerks, etc., for their input as to these
proposed forms.
2019 Amendment. Subdivisions addressing human
trafficking were moved to rule 3.9895.
RULE 3.9895 HUMAN TRAFFICKING: SWORN STATEMENT;
PETITION; AND ORDER TO EXPUNGE OR SEAL
RECORDS
(a) Petition to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.693 and section 943.0583, Florida Statutes,
to expunge all criminal history record information in the custody of
any criminal justice agency and the official records of the court
concerning the petitioner’s arrest and/or conviction on
.....(date(s))....., by .....(arresting agency and/or prosecuting
authority)....., for .....(charges and/or offenses)....., and as grounds
therefor shows:
1. On .....(date(s))....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)..... or was convicted by .....(name of prosecuting
authority)..... of .....(offenses)......
2. The petitioner has been the victim of human trafficking,
as discussed in section 787.06, Florida Statutes, and has
committed, or is reported to have committed, an offense, other than
those offenses listed in section 775.084(1)(b)1, Florida Statutes,
which was committed, or reported to have been committed, as a
part of a human trafficking scheme of which he/she was the victim
or at the direction of an operator of the scheme as evidenced by the
attached official documentation of his/her status, or may be shown
by clear and convincing evidence presented to the Court.
WHEREFORE, the petitioner moves to expunge any criminal
history record information and any official court records regarding
his/her arrest and/or conviction by .....(arresting agency and/or
name of prosecuting authority)....., for .....(charges and/or
offenses)....., on .....(date(s))......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; and ....................
(Sheriff of county in which defendant was arrested, if different); on
.....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Personally known ………. or produced identification ……….
Type of identification procedure ………..
My commission expires:
(b) Sworn Statement in Support of Petition; Human
Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT/HUMAN TRAFFICKING VICTIM
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have been the victim of human trafficking, as discussed
in section 787.06, Florida Statutes, and have committed, or was
reported to have committed, an offense, other than those offenses
listed in section 775.084(1)(b)1, Florida Statutes, which was
committed, or reported to have been committed, as a part of a
human trafficking scheme of which I was the victim or at the
direction of an operator of the scheme.
3. I was arrested and/or convicted on .....(date(s))....., by
.....(arresting agency and/or name of prosecuting authority)......
4. I am eligible for the relief requested, to the best of my
knowledge and belief.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(c) Order to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date
upon a petition to expunge certain records of the petitioner’s arrest
and/or conviction on .....(date(s))....., by .....(arresting agency
and/or name of prosecuting authority)....., for .....(charges and/or
offenses)....., and the court having heard argument of counsel and
being otherwise fully advised in the premises, the court hereby finds
the following:
The petitioner has been the victim of human trafficking, as
discussed in section 787.06, Florida Statutes, and has committed
an offense, or is reported to have committed, other than those
offenses listed in section 775.084(1)(b)1, Florida Statutes, which
was committed, or reported to have been committed, as a part of a
human trafficking scheme of which he/she was the victim, or at the
direction of an operator of the scheme. A conviction expunged
under this section is deemed to have been vacated due to a
substantive defect in the underlying criminal proceedings.
Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.693; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest,
conviction, or criminal history record information regarding the
arrest, conviction, or alleged criminal activity to which this petition
pertains in accordance with the procedures set forth in section
943.0583, Florida Statutes, and Florida Rule of Criminal Procedure
3.693.
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
Committee Notes
2019 Amendment. Rule 3.9895 was previously a part of rule
3.989.
EXPUNGE OR SEAL FORMS
(a) Sworn Statement in Support of Petition.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have never been adjudicated guilty of a criminal offense
or a comparable ordinance violation nor adjudicated delinquent for
committing a felony or a misdemeanor specified in section
943.051(3)(b), Florida Statutes.
3. I was arrested on .....(date)....., by .....(arresting
agency)....., and I have not been adjudicated guilty of, nor
adjudicated delinquent for committing, any of the acts stemming
from that arrest or the alleged criminal activity surrounding my
arrest.
4. I am eligible for the relief requested, to the best of my
knowledge and belief, and do not have any other petition to expunge
or seal pending before any court.
5. I have never secured a prior records expunction or
sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes,
or the record is otherwise eligible for expunction because it has
been sealed for at least 10 years.
6. (For use in expunction petitions only.) My record of arrest
for this date has been sealed for at least 10 years; or an indictment,
information, or other charging document was not filed against me
for the above criminal transaction; or an indictment, information, or
other charging document filed against me was dismissed by the
prosecutor or the court.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(b) Order to Expunge.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner. )
)
ORDER TO EXPUNGE UNDER
SECTION 943.0585, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE having come on to be heard before me this date
on a petition to expunge certain records of the petitioner’s arrest on
.....(date)....., by .....(arresting agency)....., for .....(charges)....., and
the court having heard argument of counsel and being otherwise
fully advised in the premises, the court hereby finds the following:
1. The petitioner has never previously been adjudicated
guilty of a criminal offense or a comparable ordinance violation nor
adjudicated delinquent for committing a felony or a misdemeanor
specified in section 943.051(3)(b), Florida Statutes.
2. The petitioner was not adjudicated guilty of nor
adjudicated delinquent for committing any of the acts stemming
from the arrest or criminal activity to which this expunction petition
pertains.
3. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes,
or the record is otherwise eligible for expunction because it has
been sealed for at least 10 years.
4. This record has either been sealed for at least 10 years;
or no indictment, information, or other charging document was ever
filed in this case against the petitioner; or an indictment,
information, or other charging document filed against the defendant
was dismissed by the prosecutor or the court.
5. A Certificate of Eligibility issued by the Florida
Department of Law Enforcement accompanied the petition for
expunction of nonjudicial criminal history records. Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.692; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0585, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest or
criminal history record information regarding the arrest or alleged
criminal activity to which this petition pertains in accordance with
the procedures set forth in section 943.0585, Florida Statutes, and
Florida Rule of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by
the ....................
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
(c) Order to Seal.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner. )
)
ORDER TO SEAL RECORDS UNDER
SECTION 943.059, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE having come on to be heard before me this date
on petitioner’s petition to seal records concerning the petitioner’s
arrest on .....(date)....., by the .....(arresting agency)....., and the
court having heard argument of counsel and being otherwise
advised in the premises, the court hereby finds:
1. The petitioner has never been previously adjudicated
guilty of a criminal offense or comparable ordinance violation nor
adjudicated delinquent for committing a felony or a misdemeanor
specified in section 943.051(3)(b), Florida Statutes.
2. The petitioner was not adjudicated guilty of nor
adjudicated delinquent for committing any of the acts stemming
from the arrest or criminal activity to which the instant petition
pertains.
3. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 893.14, 901.33, or 943.058, Florida Statutes.
4. A Certificate of Eligibility issued by the Florida
Department of Law Enforcement accompanied the instant petition
for sealing nonjudicial criminal history records. Whereupon it is
ORDERED AND ADJUDGED that the petition to seal records
is granted. All court records pertaining to the above-styled case
shall be sealed in accordance with the procedures set forth in
Florida Rule of Criminal Procedure 3.692; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the ..... Sheriff of ....................
County, who will comply with the procedures set forth in section
943.059, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall seal all information concerning indicia of arrest or criminal
history record information regarding the arrest or alleged criminal
activity to which this petition pertains in accordance with the
procedures set forth in section 943.059, Florida Statutes, and
Florida Rule of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by
the ....................
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
(d) Petition to Expunge or Seal.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE OR SEAL
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.692 and section ..... 943.0585, or ..... section
943.059 Florida Statutes, to .....expunge/seal..... all criminal
history record information in the custody of any criminal justice
agency and the official records of the court concerning the
petitioner’s arrest on .....(date)....., by .....(arresting agency)....., for
.....(charges)....., and as grounds therefor shows:
1. On .....(date)....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)......
2. The petitioner has not been adjudicated guilty of nor
adjudicated guilty of committing any of the acts stemming from this
arrest or alleged criminal activity.
3. The petitioner has not been previously adjudicated guilty
of a criminal offense or a comparable ordinance violation, in this
state nor adjudicated delinquent for committing a felony or a
misdemeanor specified in section 943.051(3)(b), Florida Statutes.
4. The petitioner has not secured a prior records expunction
or sealing under section 943.0585 or 943.059, Florida Statutes, or
under former section 943.058, 893.14, Florida Statutes, or 901.33,
Florida Statutes.
5. (To be used only when requesting expunction.) The
petitioner’s record has been sealed under section 943.059, Florida
Statutes, or under former section 943.058, 893.14, or 901.33,
Florida Statutes, for at least 10 years; or there has not been an
indictment, information, or other charging document filed against
the petitioner who is the subject of this criminal history record
information; or an indictment, information, or other charging
document filed against the petitioner who is the subject of this
criminal history information was dismissed by the prosecutor or the
court.
6. A Certificate of Eligibility for .....expunction/sealing..... of
nonjudicial criminal history records issued by the Florida
Department of Law Enforcement accompanies this petition.
WHEREFORE, the petitioner moves to .....expunge/seal.....
any criminal history record information and any official court
records regarding his/her arrest by .....(arresting agency)....., for
.....(charges)....., on .....(date)......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; ....................
(Sheriff of county in which defendant was arrested, if different); and
the Florida Department of Law Enforcement, on .....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Committee Notes
1984 Adoption. In order to have uniformity throughout the
state, the committee proposes these forms for petition to expunge or
seal, order to seal, and order to expunge and affidavit. These also
should be a great asset to counsel and an invaluable asset to the
clerks and FDLE, etc., who will be receiving orders in the future.
The subcommittee working on these proposed forms has contacted
law enforcement agencies, clerks, etc., for their input as to these
proposed forms.
2019 Amendment. Subdivisions addressing human
trafficking were moved to rule 3.9895.
RULE 3.9895 HUMAN TRAFFICKING: SWORN STATEMENT;
PETITION; AND ORDER TO EXPUNGE OR SEAL
RECORDS
(a) Petition to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.693 and section 943.0583, Florida Statutes,
to expunge all criminal history record information in the custody of
any criminal justice agency and the official records of the court
concerning the petitioner’s arrest and/or conviction on
.....(date(s))....., by .....(arresting agency and/or prosecuting
authority)....., for .....(charges and/or offenses)....., and as grounds
therefor shows:
1. On .....(date(s))....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)..... or was convicted by .....(name of prosecuting
authority)..... of .....(offenses)......
2. The petitioner has been the victim of human trafficking,
as discussed in section 787.06, Florida Statutes, and has
committed, or is reported to have committed, an offense, other than
those offenses listed in section 775.084(1)(b)1, Florida Statutes,
which was committed, or reported to have been committed, as a
part of a human trafficking scheme of which he/she was the victim
or at the direction of an operator of the scheme as evidenced by the
attached official documentation of his/her status, or may be shown
by clear and convincing evidence presented to the Court.
WHEREFORE, the petitioner moves to expunge any criminal
history record information and any official court records regarding
his/her arrest and/or conviction by .....(arresting agency and/or
name of prosecuting authority)....., for .....(charges and/or
offenses)....., on .....(date(s))......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; and ....................
(Sheriff of county in which defendant was arrested, if different); on
.....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Personally known ………. or produced identification ……….
Type of identification procedure ………..
My commission expires:
(b) Sworn Statement in Support of Petition; Human
Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT/HUMAN TRAFFICKING VICTIM
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have been the victim of human trafficking, as discussed
in section 787.06, Florida Statutes, and have committed, or was
reported to have committed, an offense, other than those offenses
listed in section 775.084(1)(b)1, Florida Statutes, which was
committed, or reported to have been committed, as a part of a
human trafficking scheme of which I was the victim or at the
direction of an operator of the scheme.
3. I was arrested and/or convicted on .....(date(s))....., by
.....(arresting agency and/or name of prosecuting authority)......
4. I am eligible for the relief requested, to the best of my
knowledge and belief.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(c) Order to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date
upon a petition to expunge certain records of the petitioner’s arrest
and/or conviction on .....(date(s))....., by .....(arresting agency
and/or name of prosecuting authority)....., for .....(charges and/or
offenses)....., and the court having heard argument of counsel and
being otherwise fully advised in the premises, the court hereby finds
the following:
The petitioner has been the victim of human trafficking, as
discussed in section 787.06, Florida Statutes, and has committed
an offense, or is reported to have committed, other than those
offenses listed in section 775.084(1)(b)1, Florida Statutes, which
was committed, or reported to have been committed, as a part of a
human trafficking scheme of which he/she was the victim, or at the
direction of an operator of the scheme. A conviction expunged
under this section is deemed to have been vacated due to a
substantive defect in the underlying criminal proceedings.
Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.693; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest,
conviction, or criminal history record information regarding the
arrest, conviction, or alleged criminal activity to which this petition
pertains in accordance with the procedures set forth in section
943.0583, Florida Statutes, and Florida Rule of Criminal Procedure
3.693.
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
Committee Notes
2019 Amendment. Rule 3.9895 was previously a part of rule
3.989.