CLERK OF THE CIRCUIT COURT
YOUR PUBLIC TRUSTEE


R. B. "Chips" Shore

Chips Shore, Clerk

December 2002


Question:
Adjudication was withheld on my charges. How can I have my case sealed or expunged?




Answer:
To seal or expunge a criminal record requires court approval. In order to get court approval, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. You must obtain a certified copy of the final disposition, the cost of which is $1.00 per page copied and $1.00 per document certified. You will be given a complete package of instructions including a fingerprint card which must be completed at a local law enforcement agency. You may be charged a fee for this service. You must complete the application for a Certificate of Eligibility and take it to the State attorney's Office for completion of their approval. You will then mail the completed application, along with a $75.00 fee to the Florida Department of Law Enforcement.

The Florida Department of Law Enforcement will mail you the Certificate of Eligibility after they have approved it. You must then return it to the Clerk's Office with the certificate and a completed Petition to Seal or Expunge, along with a filing fee of $25.00.

You will also be required to pay for the costs of all copies or certified copies which have to be provided to agencies which have a record of the case. These costs will vary depending upon the number of pages and number of agencies. Your petition will be set for hearing before the Judge. If the Judge grants your petition, your case will be ordered sealed or expunged.

You must bring an Order to Expunge or an Order to Seal to the hearing with you for the Judge to sign. The Clerk's Office does not provide these forms. The rules for these procedures are contained in Criminal Procedure Rules, Rule 3.692. The rule book and Florida Statutes may be found at a Public Library, in the Law Library at the Manatee County Courthouse, or online at www.leg.state.fl.us, click on "Statutes and Constitution" at the top of the page, then click on "Florida Statutes", then go to chapter 943.