Florida: Adult Diversion/Deferral Program (FL-D-4)

Records relating to a case dismissed after the successful completion of a misdemeanor pretrial veterans' treatment intervention program pursuant to section 948.16(2) can be expunged by the court. Fla. Stat. § 948.16(2).

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 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 veterans' treatment intervention program pursuant to section 948.16(2), the charges are dismissed. Thereafter, the record can be expunged under section 943.0585. Fla. Stat. § 948.16(2). 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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