Florida: Adult Non-Conviction Arrests (FL-NC-4)

Records of arrest or charges for offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583.

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Any offense listed in § 775.084(1)(b)1.

Procedure General

The petition must be filed in any court in the circuit in which the petitioner was arrested. For specific procedure, see Fla. Stat. § 943.0583. Each petition must include the elements listed in Fla. Stat. § 943.0583(6).

Fees

The clerk of the court may not charge a filing fee, service charge, or copy fee or any other charge for a petition filed under this section.

Effect

The petitioner may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when petitioner is an applicant for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8)

Waiting Periods

There is no waiting period. The petition must be initiated by the petitioner with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4)

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