Most Frequently Asked Questions

Transcription

1 Mst Frequently Asked Questins f receive a full pardn can have a NO On June 10, 1999 the Gvernr and recrd sealed r expunged? criminal histry recrd. Cabinet determined that the granting f a full pardn des nt remve any cnditin f neligibility fr sealing r expunging a f have a recrd sealed r expunged in anther state can als have a Flrida recrd sealed r expunged? YES & NO... f have an ut f state YES f the ther recrd was sealed r expunged as a matter f law (administratively), then yes, yu wuld be eligible. Hwever, if it was sealed because yu petitined t have t dne by curt rder, then n, yu wuld nt be eligible. Any criminal cnvictin will prevent an ndividual frm having a recrd (1) cnvictin will that sealed r expunged in the State f prevent me frm having Flrida regardless f whether that my Flrida recrd sealed r.rj cnvictin ccurred within the state r utside the state. The cnvictin OJ) des nt have t be n the arrest r expunged? they are requesting. The statutes prvide fr relief nly :>< Can have mre than NO nce n a lifetime unless bth dates ne date f arrest sealed f arrest can be shwn t be directly related t ne anther (Le., FTA, r expunged? VOP, etc.) Q * Curtesy f the State Attrneys Office

2 Mst Frequently Asked Questins Apprximately hw many applicatins are received by the sectin each mnth? The sectin receives anywhere frm 500 t 700 applicatins each mnth..1""'l What items are necessary t have an applicatin prcessed? What is disseminated n Q a sealed recrd? rjj. Q) OJ) What is disseminated n an expunged recrd? There are fur main items that must be included in an applicatin package fr it t be accepted fr prcessing. A cmpleted (signed & ntarized) applicatin A $75 prcessing fee A certified dispsitin A legible set f fingerprints recrded by a law enfrcement agency n an applicant card A sealed recrd will nt be disseminated t anyne wh is nt entitled t t. Thse entities that are entitled t receive sealed nfrmatin will get the cmplete criminal histry. The entities entitled t receive sealed infrmatin will receive the dentity segment f the criminal histry recrd alng with a caveat statement that says, "Criminal Histry nfrmatin has been Expunged frm (hit recrd". All ther agencies will receive nthing.

3 Mst Frequently Asked Questins What are the qualificatins t have a criminal histry recrd sealed? What are the qualificatins t have a criminal histry recrd expunged? An individual may have a recrd sealed as lng as they have n criminal cnvictins n their recrd. f the ndividual had the adjudicatin f guilt withheld, hey are eligible t have t sealed as lng as the charge s nt ne that s listed in s The charges have t be drpped, dismissed, nlle prs, n actin, n nfrmatin, etc, and the State Attrney has t fill ut Sectin B f the applicatin n rder t be apprved fr an expunctin. =. Once yu receive the certificate,... When receive my yu are t file t with the clerk's U certificate des that mean NO ffice n the cunty n which yu were arrested. nce a curt rder r:fj my recrd is sealed r has been signed and a certified expunged at that-time? cpy is received by FDLE, then bfj Des the issuance f yur recrd will be sealed r expunged. The ssuance f a certificate des nt guarantee that yur recrd will be rdered a certificate mean that my NO sealed r expunged. t merely indicates t recrd will be rdered the curt that yu are eligible fr the relief that yu are requesting. The decisin t sealed r expunged? seal r expunge yur recrd rests slely With the presiding judge. % R04,1 $;,'" 'UQiih *[,Qt4i;;4 i4 $sj.; $44iM1At4.444 gz:;: $.,mh Li!;i! QJ:::.nfRQiii)liiA4 JOiMiD A#«;POG; «AiJ,M;;;

4 Mst Frequently Asked Questins f had a criminal histry recrd sealed and-then had it vacated, culd apply fr a new date f arrest? Hw lng des it take t receive a respnse t my applicatin? Yu culd apply, but yur applicatin wuld be denied. The statute states that the ndividual must never have had a recrd sealed r expunged. Just because that ne s vacated t still cunts as a prir actin. Current prcessing time is apprximately 8 t 10 weeks frm the date the applicatin s received in the ffice. 1"""4 s my $75 prcessing fee U Q) refundable? rjj. (1) 01) Can FDLE give advice t ther law enfrcement NO agencies r clerk f curts n the management f their sealed and expunged Q recrds? NO On the back f the applicatin, where all f the instructins are, it clearly states that the $75 prcessing fee s nn-refundable. Each agency has t determine fr themselves, with the aide f their legal cunsel, hw t manage their wn recrds. FDLE s unable t dictate the management f anther agency's recrds. mi.@4$i#'*4n,qlml!iw u?z \i" Q;O L 'M,' ;;.;;; p,

5 Mst Frequently Asked Questins Will FDLE ntify the agencies invlved in my case that the recrd has been sealed r expunged? YES FDLE will send a ntificatin letter t each agency that we knw t be nvlved with yur case nfrming them that we have received an rder t either sea r expunge the apprpriate case. This letter is a curtesy letter and des nt nstruct the agencies t seal r expunge their recrds, but merely infrms them that an rder has been received. D have t apply fr a Certificate f Eligibility t. have my juvenile recrd sealed r expunged? u (]J en (]) 00 YES&NO f the juvenile arrest ccurred prir t Octber 1, 1994 yu d nt have t g thrugh the applicatin prcess as these recrds were nt t be entered int the system at that time. Yu wuld need t petitin the curt fr a juvenile expunctin rder r btain a juvenile expunctin request frm the arresting agency requesting the remval f the arrest frm the system. Hwever, after Octber 1, 1994 juvenile arrests began t be entered nt the system and fr these arrests yu wuld have t g thrugh the applicatin prcess and meet the same eligibility requirements as an adult.

6 Mst Frequently Asked Questins When did the applicatin prcess begin? July 1, 1992 With the creatin f s and S came the applicatin prcess. Wh is entitled t receive sealed infrmatin? There are several agencies entitled t receive sealed infrmatin. Any and all law enfrcement The Flrida Bar, Teacher Certificatin Agency fr Health Care Admin. HRS $:l.... U (]) r./j Q) 00 f have a criminal histry recrd sealed r expunged can legally deny that was ever arrested? Can have ne date f arrest sealed and anther expunged? YES NO Aside frm the agencies mentined abve yu can legally deny that yu were ever arrested. The statutes prvide fr relief nly nce n a lifetime, Yu can either have ne recrd sealed r ne expunged. Yu cannt have ne f each.

7 REASONS AN APPLCATON FOR CERTFCATON OF ELGBLTY TO SEAL EXPUNGE A CRMNAL HSTORY RECORD WLL BE DENED Pursuant t Sectins s and s , Flrida Statutes, a Certificate f Eligibility t expunge r seal a criminal histry recrd cannt be issued under any f the fllwing circumstances: 1. The criminal histry recrd reflects that yu have been adjudicated guilty f a criminal ffense r cmparable rdinance vilatin r adjudicated delinquent fr cmmitting any felny r a misdemeanr specified in s The criminal histry recrd reflects that yu have been adjudicated guilty f r adjudicated delinquent fr cmmitting ne r mre f the acts stemming frm the arrest r alleged criminal activity t which the applicatin pertains. 3. The criminal histry recrd reflects that yu have received a prir sealing r expunctin f a criminal histry recrd under s , s , frmer s.893.l4, frmer s , frmer s , r frm any jurisdictin utside the state. 4. The criminal histry recrd t which the applicatin pertains relates t a vilatin f s , chapter 794, s , s , s , s.825.l025, s , chapter 839, s , s , s , s , r a vilatin enumerated in s , with a finding f guilt, r a plea r guilty r nl cntendre (withut regard t whether adjudicatin was withheld). 5. The criminal histry recrd reflects that yu have anther petitin t seal r expunge pending befre a curt r cmpetent jurisdictin. 6. The criminal histry recrd reflects that the curt supervisin applicable t the dispsitin f the arrest r alleged criminal activity t which the applicatin pertains has nt been cmpleted. 7. [Fr expunctin nly] The criminal histry recrd reflects that sme r all f the charges related t the arrest r criminal activity t which the applicatin pertains were nt dismissed prir t trial, adjudicatin, r the withhlding f adjudicatin. f n ther disqualificatin applies, the recrd wuld be eligible t be sealed. PLEASE NOTE: The Gvernr and Cabinet f Flrida, acting in the capacity f the Bard f Executive Clemency, declared n June 10, 1999, that the granting f a full pardn des nt remve any cnditin f ineligibility fr sealing r expunging a criminal histry recrd which wuld therwise be impsed by a cnvictin r withhlding f adjudicatin pursuant t Sectins and , Flrida Statutes, and, acting in the capacity f agency head f the Department f Law Enfrcement, the Bard directed FDLE t deny a Certificate f Eligibility t any persn receiving a pardn wh is therwise ineligible fr the sealing r expunging f the persn's criminal histry recrd.