FLORIDA DEPARTMENT OF LAW ENFORCEMENT APPLICATION FOR CERTIFICATION OF ELIGIBILITY

Last Name Aliases: Maiden: Divorce Date of Birth (DOB) MONTH Mailing Address Permanent Address Arresting Agency Date(s) of Arrest _____Seal PLEASE TYPE OR PRINT ALL INFORMATION First Name Residence Phone ( ) Race Sex YEAR City City Florida Drivers License No.
NOTE: For Expunction applications, the State Attorney or Statewide Prosecutor must complete Section B.

Middle Name

SECTION A ALL APPLICANTS

Business Phone ( ) Social Security No. State State Zip Zip

DAY

Select One: _____Expunge Charge(s)

1. __________________________________________ 2. __________________________________________ 3. __________________________________________ 4. __________________________________________ I hereby certify that the information contained herein is true and correct to the best of my knowledge. ___________________________________________ Signature Date State Attorney/Statewide Prosecutor Charge(s) Description 1. ___________________________________ County

NOTARY (PLEASE STAMP WITH SEAL) Sworn to and subscribed before me This ______ Day of _______________, 20____________ ______________________________________________ (Signature of Notary Public)

________________________________________
(Print, Type, or Stamp Commissioned Name of Notary or Deputy Clerk of the Court) Personally Known ____ or Produced Identification _____ Type of Identification Produced: ____________________ Circuit Case Number _________________ Reviewing Officer Action _________________ _________________ _________________

SECTION B STATE ATTORNEY FOR EXPUNCTION APPLICATIONS ONLY

2. ___________________________________ 3. ___________________________________ 4. ___________________________________

If one of the paragraphs below is checked, my signature below indicates that, based on the disposition of all charges related to the above-referenced case, that case is eligible to be expunged, if the applicant is otherwise eligible to have his or her record expunged under law. My signature does not imply that the applicant has satisfied all other statutory eligibility criteria, or that this Office would not oppose a petition to expunge the above-referenced case. By checking paragraph 1, 2, or 3, I certify that the above-referenced case is presently eligible to be expunged, assuming that the applicant is otherwise eligible, because: 1. An indictment, information, or other charging document was not filed or issued in the case; OR 2. An indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction; OR

FOR EXPUNCTION APPLICATIONS ONLY

___________________ ___________________ _________________ _________________ ___________________ _________________
The above-referenced case is not eligible to be expunged because: OR, BECAUSE OF ONE OR MORE OF THE FOLLOWING REASONS:

Statute Violation ___________________

_________________

One or more of the charges (acts) related to the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains resulted in an adjudication of guilt or of delinquency;

The record of the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains has not been sealed for at least 10 years; One or more of the charges for which an adjudication of guilt or of delinquency was withheld relate to a to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14 s. 817.034, s. 825.1025, s. 827-071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435; Records available to this Office disclose some other ground of statutory ineligibility (e.g., adjudication of guilt in a different case; previous expunction or sealing).

3. (a) None of the charges (acts) related to the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains resulted in an adjudication of guilt or of delinquency; AND (b) The record of the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains has been sealed for at least 10 years; AND (c) None of the charges (if any) for which adjudication of guilt or of delinquency was withheld relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071 chapter 839, s. 847.0133, s. 847.0135. s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435.

__________________________________________________
Signature Title(Prosecuting Authority) Acct/Budget Date Received __________________ Check _________________________ Processed By ___________-_______ Date

Signature

____________________________________________________
Title(Prosecuting Authority) Date Expunge/Seal Section Date Received __________________ Date Entered ___________________ Date Mailed ____________________ Denied

SECTION C FDLE

Expunge/Seal Section I.D.# ________________ORI _______________ Certification Status Seal Expunge Approved

IMPORTANT: A CERTIFICATE OF ELIGIBILITY IS VALID FOR 12 MONTHS FROM THE DATE OF ISSUANCE. AFTER THAT TIME, A NEW CERTIFICATE MUST BE APPLIED FOR. Revised December 2009 Ref. Rules 11C-7.006 and 11C-7.007 FDLE 40-021

GENERAL INSTRUCTIONS & INFORMATION:

1. Applicable law: Sections 943.0585 and 943.059, Florida Statutes, and Chapter 11C-7, Florida Administrative Code (FAC), govern the use of this application, for the expunction or sealing of non-judicial criminal history records by criminal justice agencies. These statutes and the implementing rules require that you obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) prior to requesting a court for an order to seal or expunge your non-judicial criminal history records, and that you provide the information required by this application process. Please type or print all information, except signatures. Complete all required portions of the application and submit all required documents and the processing fee noted below, under Section A. Failure to disclose your social security number (SOC) may delay the processing time of your application. If your application is submitted without all the required information, documentation, or the processing fee, FDLE may reject your application. Mailing information: Mail your completed application package and fee to the following address: Florida Department of Law Enforcement ATTN: Expunge/Seal Section P.O. Box 1489 Tallahassee, Florida 32302-1489 4. 5. Contact Information: FDLEs Expunge/Seal Section (850) 410-7870. Optional Personal Review of your Florida criminal history record: If you have questions about what appears in your Florida criminal history record maintained by FDLE, you may wish to obtain a Personal Review of your record from FDLE, pursuant to Chapter 11C-8, FAC, before submitting this application form. The Personal Review is optional and is not required for FDLE to process your Application for Certification of Eligibility for expunction or sealing of your record. To obtain a Personal Review, please complete and submit the enclosed FDLE Fingerprint form and a letter to FDLE at the address above. If you submit the fingerprint form and a letter for your Personal Review, please DO NOT send in the APPLICATION or the $75.00 processing fee until the Personal Review is completed; the results of your personal review may influence your decision to request the expunction or sealing of your criminal history record. FOR ALL APPLICANTS

2.

3.

SECTION A:
1. 2. 3. 4.

Complete every part of SECTION A. Make sure your signature, as the applicant, is notarized. If you were given a Notice to Appear and not physically arrested for the charge(s), indicate the date of the Notice to Appear in the box marked Date of Arrest. NON-REFUNDABLE Processing Fee: Submit with your application a money order or Cashiers check in the amount of $75.00, made payable to the Florida Department of Law Enforcement (FDLE). Submit the attached fingerprint form with your fingerprints, as part of your application packet. This form must be completed by authorized personnel at a law enforcement or criminal justice agency, using only the attached FDLE Fingerprint form. (If you have obtained a Personal Review; send the fingerprint card back with the enclosed fingerprint form, please resubmit the same form for the Expunge/Seal Certificate of Eligibility application.) Provide a certified copy of the final disposition(s) for each of the charges you list on your application. Dispositions can usually be obtained from the office of the Clerk of Courts in the county where you were charged. For Pretrial Intervention and other Diversion programs, a certified letter of completion from the State Attorney or Statewide Prosecutor may substitute for a certified disposition. If you received probation for any of the charges, you must also submit a certified copy of the termination of your probation. FOR EXPUNCTION APPLICANTS ONLY

5.

SECTION B:
1.

Submit the application to the State Attorney or Statewide Prosecutor for completion of SECTION B NOTE: In addition to proper completion of only if you are applying to have your records EXPUNGED. Section B, you must also submit the certified copies of disposition(s) and termination of probation required under Section A. FOR FDLE USE ONLY

SECTION C:

REASONS AN APPLICATION FOR CERTIFICATE OF ELIGIBILITY TO SEAL OR EXPUNGE A CRIMINAL HISTORY RECORD WILL BE DENIED Pursuant to Sections s.943.0585 and s.943.059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances: 1. The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked. 2. The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains. 3. The criminal history record reflects that you have received a prior sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s.893.14, former s.901.33, former s.943.058, or from any jurisdiction outside the state. 4. The criminal history record to which the application pertains relates to a violation of s 393.135, s. 394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.14, s.817.034, s.825.1025, s.827.071, chapter 839, s.847.0133, s.847.0135, s.847.0145, s.893.135, s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld). 5. The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction. 6. The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed. 7. [For expunction only] The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, If no other disqualification applies, the record would be eligible to be sealed. PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared on June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to Sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is otherwise ineligible for the sealing or expunging of the persons criminal history record.

DISQUALIFYING CHARGES FOR EXPUNCTION/SEALING

A request for a certificate of eligible for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following: Offenses listed in S.907.041, F.S. 1. Arson 2. Aggravated Assault 3. Aggravated Battery 4. Illegal use of explosives 5. Child abuse or Aggravated Child Abuse 6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult 7. Aircraft piracy 8. Kidnapping 9. Homicide 10. Manslaughter 11. Sexual Battery 12. Robbery 13. Carjacking 14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years 15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority 16. Burglary of a dwelling 17. Stalking of Aggravated Stalking 18. Act of Domestic Violence, as defined in s.741.28 19. Home-invasion Robbery 20. Act of Terrorism as defined by s.775.30 21. Attempting or conspiring to commit any of the above crimes 22. Manufacturing any substances in violation of chapter 893 S.393.135, F.S. Sexual misconduct with developmentally disabled person and related offenses S.394.4593, F.S. Sexual misconduct with mentally ill person and related offenses S.787.025, F.S. Luring or enticing a child Chapter 794, F.S. Sexual Battery and related offense S.796.03, F.S. Procuring person under 18 for prostitution S.800.04, F.S. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age S.810.14, F.S. Voyeurism S.817.034, F.S. Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as defined in s.817.034, F.S.) S.825.1025, F.S. Lewd or lascivious offense upon or in presence of elderly person or disabled adult S.827.071, F.S. Sexual performance by a child Chapter 839, F.S. Offenses by Public Officers and Employees S.847.0133, F.S. Showing, etc., obscene literature to minor S.847.0135, F.S. Computer pornography S.847.0145, F.S. Selling or buying of minors S.893.135, F.S. Trafficking in controlled substances S.916.1075 Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435. All references are from Florida Statutes

FINGERPRINTS FOR APPLICATION FOR CERTIFICATION OF ELIGIBILITY

Name: Last________________________________ First _______________________Middle _________________________ Alias(aka) Name: Last_________________________

First _______________________Middle _________________________

Place of RACE: __ SEX:___ DOB: _______ * SOC: __________________________ Birth:__________________________ Please mail completed application and fingerprints to:
FDLE, P.O. Box 1489, Tallahassee, FL 32302, Attn: Expunge/Seal Section Signature of official taking fingerprints: _____________________________________ ORI: _______________________________

Signature of person fingerprinted: _________________________________________________

Date: ______________________

1. R. Thumb

2. R. Index

3. R. Middle

4. R. Ring

5. R. Little

6. L. Thumb

7. L. Index

8. L. Middle

9. L. Ring

10. L. Little

Left Four Fingers Taken Simultaneously

L. Thumb

R. Thumb

Right Four Fingers Taken Simultaneously

Social Security Number, this information is voluntary; failure to disclose may delay the processing time of your application.

Form 40-024

 DID YOU REMEMBER TO: Complete the application? Did you Sign and date the application
in front of a notary?

Provide a certified (stamped copy) disposition of your case you

want to have sealed/expunged?

Include your name, race/sex, date of birth, social security number

and signature on the fingerprint form?

Provide a $75.00 check or money order made payable to FDLE?

Did you sign and completely fill out the check or money order?

Include an Attorneys letterhead, if you (applicant) are

represented by an attorney?

Make copies of your application and documents for your records? For Expunge Applicants only: Is Section B completed and signed
by the State Attorneys Office?

For Juvenile Expunge Applicants only: Is Section B completed

and signed by the State Attorneys Office?

FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is at your option, and if you provide your SSN, FDLE will use it for purposes of identification, and may share the information with other agencies for the same purpose. FDLEs request for your SSN is authorized by state law because use of it is imperative for FDLE to fulfill its lawful duties and responsibilities. Your failure to provide your SSN may result in a delay in processing your application or request.