SECTION A – ALL APPLICANTS
SECTION B – STATE ATTORNEY |
FOR EXPUNCTION APPLICATIONS ONLY |
SECTION C |
FDLE |
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
APPLICATION FOR CERTIFICATION OF ELIGIBILITY
PLEASE TYPE OR PRINT ALL INFORMATION
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Last Name |
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First Name |
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Middle Name |
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Aliases: Maiden: Divorce |
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Residence Phone |
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Business Phone |
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Date of Birth (DOB) |
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Race |
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Social Security No. |
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Mailing Address |
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Permanent Address |
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Arresting Agency |
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Date(s) of Arrest |
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Florida Drivers License No. |
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Select One: _____Expunge |
_____Seal |
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NOTE: For Expunction applications, the State Attorney or Statewide Prosecutor must complete Section B. |
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Charge(s) |
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NOTARY |
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(PLEASE STAMP WITH SEAL) |
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__________________________________________ |
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Sworn to and subscribed before me |
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__________________________________________ |
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This ______ Day of _______________, 20____________ |
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__________________________________________ |
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______________________________________________ |
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4. |
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__________________________________________ |
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(Signature of Notary Public) |
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________________________________________ |
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I hereby certify that the information contained herein is |
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(Print, Type, or Stamp Commissioned Name of Notary |
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true and correct to the best of my knowledge. |
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or Deputy Clerk of the Court) |
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___________________________________________ |
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Personally Known ____ or Produced Identification _____ |
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Signature |
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Date |
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Type of Identification Produced: ____________________ |
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State Attorney/Statewide Prosecutor |
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County |
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Circuit |
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Reviewing Officer |
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Charge(s) Description |
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Statute Violation |
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Action |
1. ___________________________________ |
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EXPUNCTION___________________ _________________ |
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_________________ |
2. ___________________________________ |
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_________________ |
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___________________________________ |
FOR |
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APPLICATIONS ONLY |
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4. ___________________________________ |
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_________________ |
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_________________ |
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If one of the paragraphs below is checked, my signature below indicates that, based on the |
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The above-referenced case is not eligible to be expunged because: |
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disposition of all charges related to the above-referenced case, that case is eligible to be |
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One or more of the charges (acts) related to the arrest or alleged criminal activity to which the |
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expunged, if the applicant is otherwise eligible to have his or her record expunged under law. My |
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signature does not imply that the applicant has satisfied all other statutory eligibility criteria, or |
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application for certificate of eligibility to expunge pertains resulted in an adjudication of guilt or |
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that this Office would not oppose a petition to expunge the above-referenced case. By checking |
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of delinquency; |
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paragraph 1, 2, or 3, I certify that the above-referenced case is presently eligible to be expunged, |
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OR, BECAUSE OF ONE OR MORE OF THE FOLLOWING REASONS: |
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assuming that the applicant is otherwise eligible, because: |
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1. An indictment, information, or other charging document was not filed or issued in the |
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The record of the arrest or alleged criminal activity to which the application for certificate of |
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case; OR |
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eligibility to expunge pertains has not been sealed for at least 10 years; |
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2. An indictment, information, or other charging document, if filed or issued in the case, |
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One or more of the charges for which an adjudication of guilt or of delinquency was withheld |
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was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was |
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relate to a to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. |
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dismissed by a court of competent jurisdiction; OR |
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800.04, s. 810.14 s. 817.034, s. 825.1025, s. 827-071, chapter 839, s. 847.0133, s. 847.0135, |
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s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation |
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3. (a) None of the charges (acts) related to the arrest or alleged criminal activity to which |
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specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, |
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the application for certificate of eligibility to expunge pertains resulted in an adjudication of |
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without regard to whether that offense alone is sufficient to require such registration, or for |
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guilt or of delinquency; AND |
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registration as a sexual offender pursuant to s. 943.0435; |
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(b) The record of the arrest or alleged criminal activity to which the application for |
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certificate |
of eligibility to expunge pertains has been sealed for at least 10 years; AND |
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Records available to this Office disclose some other ground of statutory ineligibility (e.g., |
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(c) None of the charges (if any) for which adjudication of guilt or of delinquency was |
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withheld relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. |
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adjudication of guilt in a different case; previous expunction or sealing). |
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796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071 chapter 839, s. |
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847.0133, s. 847.0135. s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. |
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907.041, or any violation specified as a predicate offense for registration as a sexual |
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predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient |
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to require such registration, or for registration as a sexual offender pursuant to s. |
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943.0435. |
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__________________________________________________ |
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____________________________________________________ |
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Signature |
Title(Prosecuting Authority) |
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Date |
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Signature |
Title(Prosecuting Authority) |
Date |
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Acct/Budget |
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Expunge/Seal Section |
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Expunge/Seal Section |
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Date Received __________________ |
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I.D.# ________________ORI _______________ |
Date Received __________________ |
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Check _________________________ |
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Certification Status |
Approved |
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Denied |
Date Entered ___________________ |
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Processed By ___________-_______ |
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Seal |
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Date Mailed ____________________ |
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Expunge |
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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.
2.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.
3.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.Contact Information: FDLE’s Expunge/Seal Section – (850) 410-7870.
5.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.
SECTION A: FOR ALL APPLICANTS
1.Complete every part of SECTION A. Make sure your signature, as the applicant, is notarized.
2.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.”
3.NON-REFUNDABLE Processing Fee: Submit with your application a money order or Cashier’s check in the amount of $75.00, made payable to the Florida Department of Law Enforcement (FDLE).
4.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.)
5.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.
SECTION B: FOR EXPUNCTION APPLICANTS ONLY
1.Submit the application to the State Attorney or Statewide Prosecutor for completion of SECTION B
only if you are applying to have your records EXPUNGED. NOTE: In addition to proper completion of Section B, you must also submit the certified copies of disposition(s) and termination of probation required under Section A.
SECTION C: FOR FDLE USE ONLY
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 person’s 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: |
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Last________________________________ |
First _______________________Middle _________________________ |
Alias(aka) |
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Name: Last_________________________ |
First _______________________Middle _________________________ |
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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: ______________________
Left Four Fingers Taken Simultaneously
Right Four Fingers Taken Simultaneously
•Social Security Number, this information is voluntary; failure to disclose may delay the processing time of your application.
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 Attorney’s 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 Attorney’s Office?
For Juvenile Expunge Applicants only: Is Section B completed and signed by the State Attorney’s 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. FDLE’s 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.
