Florida: Adult Diversion/Deferral Program (FL-D-3)

Records relating to a case dismissed after successful completion of a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1) can be expunged by the court. Fla. Stat. § 948.16(1)(b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes, any felony

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

For charges eligible for pretrial substance abuse education and treatment intervention, see section 948.16(1). For charges ineligible for expungement, see section 943.0585.

Procedure General

Upon a written finding by the court that a defendant has successfully completed a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1), the charges are dismissed. Thereafter, the record can be expunged under section 943.0585. Fla. Stat. § 948.16(1). The petition must be filed in court and accompanied by a certificate of eligibility for expungement. For the specific procedure, see Fla. Stat. § 943.0585.

Fees

There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4).

Effect

The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b).

Forms

A certificate of eligibility application form is available here.

Waiting Periods

The petition may be filed immediately upon dismissal of the charge.

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