Administrative Expungement in Florida:
Arrested by Mistake or Unlawfully
In addition to the regular expunge
process used most frequently in Florida, there are two other key
processes for expunging Florida criminal history records and denying
access to those records by the general public. These other two processes are
juvenile diversion expungement
and administrative expungement.
Administrative expungement is a process
used in Florida to expunge the nonjudicial criminal history record of the arrest
of a minor or an adult which was made contrary to law or by mistake.
The process requires an application be submitted
to the Florida Department of Law Enforcement (FDLE) by the arresting
law enforcement agency, the adult arrested, or the parent or legal
guardian of the minor who was arrested. It requires that
a) the arresting agency has determined that the arrest was made
contrary to law or by mistake; or b) a court has entered a final
order finding that the arrest was made contrary to law or by mistake.
Supporting documentation and an endorsement by the authorities are
also required.
If an application for an administrative expungement meets the legal
requirements, FDLE will notify the arresting agency, which is responsible
for expunging its records of the arrest and notifying any other agency to
which it provided the criminal history record information.
Under Florida law, an application or endorsement under this process is
not admissible as evidence in any judicial or administrative proceeding and
may not be construed in any way as an admission of liability in connection
with an arrest.
The legal requirements and rules for the Florida administrative expungement
process can be found in Section 943.0581
of the Florida Statutes and
Rule 11C-7.008 of the Florida Administrative Code.
Ask the Holmes Law Firm for help with administrative expungement.
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