Florida: Adult Factual Innocence (FL-FI-1)

Non-judicial records of an arrest made contrary to law or by mistake will be administratively expunged by the Department of Law Enforcement upon application, so long as the application is supported by the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred. Fla. Stat. § 943.0581, 11C-7.008, F.A.C.

Record Detail(s)

Unlawful or mistaken arrest or charge

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A written application must be filed with the department of law enforcement and must be supported by either the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred. For the specific procedure, see Fla. Stat. §§ 943.0581, 11C-7.008, F.A.C.

Fees

There is no statutory language regarding fees.

Effect

The non-judicial record of arrest is expunged. 11C-7.008, F.A.C.

Waiting Periods

The written application may be filed at any time.

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