Florida: Juvenile Law Enforcement Records (FL-LE-6)

A record of a minor classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison will be automatically expunged when the person reaches 26 years of age, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0515(1)(a).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

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

Expungement is automatic.

Fees

A $75 fee must be paid for the certificate of eligibility unless waived. No fee is required for automatic expungement under this column. 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

The record should be expunged when the person reaches 26 years of age.

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