Florida: Juvenile Law Enforcement Records (FL-LE-5)

A criminal history record of a minor can be expunged upon application to the Florida Department of Law Enforcement before the minor reaches 21 years of age. Fla. Stat. § 943.0515(1)(b)(2).

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A minor classified as a serious habitual offender or committed to a juvenile correctional facility or juvenile prison is not eligible for expunction under this column. Fla. Stat. § 943.0515 If a person 18 years of age or older is charged with or convicted of a forcible felony and the person's criminal history record as a minor has not yet been destroyed, the person's record as a minor must be merged with the person's adult criminal history record and must be retained as a part of the person's adult record. Fla. Stat. § 943.0515(2)(a). A minor who is designated as a "sexual offender" as per section 943.0435(1)(h) after July 1, 2007 may not have his or her criminal history records expunged. Fla. Stat. § 943.0515(3).

Procedure General

An application must be submitted to the department to be considered for expungement. Fla. Stat. § 943.0515(2).

Fees

A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0582(1)(b)(2)(a).

Effect

The record, or portion of a record, subject to expungement will be obliterated by any criminal justice agency having custody thereof, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expungement, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction. Fla. Stat. § 943.045(16).

Waiting Periods

A petition may be filed at any time.

Back to Florida