AMENDMENTS TO FLORIDA RULES

PER CURIAM.

APPENDIX RULE 3.692 . PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. All relief sought by reason of S sections 943.0585- 943.059, Florida Statutes (1981), shall be by petition in writing, filed with the clerk. Such The petition shall state the grounds upon which it is based and the official records to which it is directed and shall be supported by an affidavit of the party seeking relief, which affidavit shall state with particularity the statutory grounds and the facts in support of such the motion. A copy of the completed petition and affidavit shall be served upon the prosecuting attorney, and upon the arresting authority, and the Florida Department of Law Enforcement. Unless the state indicates that it has no objection to the requested relief, no petition may be granted until at least 30 days after service of the copies of the petition and affidavit. Notice and hearing shall be as provided in R rule 3.590(c). (b) State's Response; Evidence. The S state may traverse or demur to such the petition and affidavit. The court may receive evidence on any issue of fact necessary to the decision of the petition. (c) Written Order. If the petition is granted the court shall enter its order in writing so stating and further setting forth the records and agencies or departments to which it is directed. (d) Copies of Order. Upo On the receipt of such the order the clerk shall furnish a certified copy thereof to each agency or department named therein excepting the court. (e) Clerk's Duties. In regard to the official records of the court including the court file of the cause, the clerk shall: (1) R remove from the official records of the court, excepting the court file, all entries and records subject to such the order; provided that if it shall not be practical to remove such the entries and records, then to make certified copies thereof and thereafter expunge by appropriate names means such the original entries and records. ; (2) S seal such the entries and records, or certified copies thereof, together with the court file and retain the same in a non-public index subject to further order of the court. (S see: Johnson v. State, 336 So.2d 93 (Fla. 1976).); (3) I in multi-defendant cases, the clerk shall make a certified copy of the contents of the court file which that shall be sealed pursuant to subsection subdivision (2). Thereafter all references to the petitioner shall be expunged from the original court file. (f) Costs. All costs of certified copies involved herein shall be borne by the movant, unless he be the movant is indigent. Committee Note s 1984 Amendment. Substantially the same as the former rule. The statutory reference in (1) was changed to cite the current statute and terminology was changed accordingly. Subsection division (f) of the former rule was deleted since because it dealt with substantive matters covered by S section 943.058, of the Florida Statutes (1981). RULE 3.989 . AFFIDAVIT, PETITION , AND ORDER TO EXPUNGE OR SEAL AND AFFIDAVIT FORMS (a) Affidavit in Support of Petition. IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR _________________ COUNTY, FLORIDA CASE NUMBER: _______________ DIVISION ___________________ STATE OF FLORIDA ) In the Circuit Court of the ____________ Judicial Circuit, in and for _________ County, Florida Case No.: __________________ Division ___________________ State of Florida )) Plaintiff, ) ) vs. ) ) ____________________________________ ) ) Defendant. /Petitioner ) ____________________________________ ) AFFIDAVIT STATE OF FLORIDA COUNTY OF State of Florida County of _____________ I, (name of defendant/petitioner),, am the D defendant/petitioner in the above-styled cause and I do hereby swear and or affirm that: I have never been adjudicated guilty of a criminal offense or a comparable ordinance violation and I have frankly discussed this with my counsel in depth and he has explained to me the meaning of all of the terms in this Affidavit. 1. I fully understand the meaning of all of the terms of this affidavit. 2. I have never been adjudicated guilty of a criminal offense or a comparable ordinance violation. 1. 3. That I was arrested on the ____ day of ___________, 19__, by _______ (arresting agency), and I have not been adjudicated guilty of the charges stemming from that arrest or the alleged criminal activity surrounding my arrest. 4. I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending before any court. 2. 5. That I have never secured a prior records expunction or sealing under any law. 3. 6. (For use in expungement expunction P petitions only.) That m My record of arrest for this date has been sealed for at least ten (10) years; or an indictment or information was not filed against me for the above criminal transaction; or an indictment or information filed against me was dismissed by the prosecutor or the court. _______________________________ Defendant/Petitioner Sworn to and subscribed before me this ____ day of __________, 19__. _________________________________ NOTARY PUBLIC, or other person authorized to administer an oath Printed, typed, or stamped commissioned name of Notary Public Personally known ________ or produced identification ________ Type of identification produced ________ My C commission E expires: (b) Order to Expunge. IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR _____________________ COUNTY, FLORIDA CASE NUMBER: _______________ DIVISION ________________________ In the Circuit Court of the ________________ Judicial Circuit, in and for _____________________ County, Florida Case Number: ______________ Division __________________ State of Florida, ) ) Plaintiff, ) ) v. ) ) ) __________, ) ) Defendant/Petitioner ) _____________________________ ) ORDER TO EXPUNGE PURSUANT TO FLORIDA STATUTE SECTION 943.0585, FLORIDA STATUTES AND FRCP FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date upon the Defendant's a P petition to E expunge certain records of the Defendant's petitioner's arrest on the ____ day of _________, 19__, by ________ (arresting agency), for ________ (charges), and the C court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: 1. That t The Defendant petitioner has never previously been adjudicated guilty of a criminal offense or a comparable ordinance violation. 2. That t The Defendant petitioner was not adjudicated guilty of charges stemming from the arrest or criminal activity to which this expunction P petition pertains. 3. That t The Defendant petitioner has not secured a prior records expunction or sealing. 4. That t This record has either been sealed for at least ten (10) years; or no indictment or information was ever filed in this case against the Defendant petitioner; or an indictment or information filed against the defendant was dismissed by the prosecutor or the court. w Whereupon it is thereby ORDERED AND ADJUDGED that said the P petition to E expunge is hereby granted. All C court records pertaining to the above-styled case shall be expunged sealed in accordance with the procedures set forth in Florida Statute 943.058 and FRCP Florida Rule of Criminal Procedure 3.692; and it is further ORDERED AND ADJUDGED that the C clerk of this C court shall forward a certified copy of this O order to the State Attorney (check one) ____ state attorney, ____ special prosecutor, ____ statewide prosecutor, __________ (arresting agency), and the Sheriff of ________ County, who will comply with the procedures set forth in Florida Statute section 943.0585, Florida Statutes, and appropriate regulations of the Department of Law Enforcement, and who will further forward a copy of this O order to any agency that their records reflect has received the instant criminal history record information; and it is further ORDERED AND ADJUDGED that ___________ (arresting agency) shall expunge all information concerning indicia of arrest or criminal history record information reference regarding this Defendant petitioner in accordance with the procedures set forth in Florida Statute section 943.0585, Florida Statutes, and FRCP Florida Rule of Criminal Procedure 3.692. All costs of certified copies involved herein are to be borne by the Petitioner ____________. DONE AND ORDERED in Chambers at _________ County, Florida, this ________ day of __________, 19__. ______________________________ Circuit Court Judge (c) Order to Seal. IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR _____________________ COUNTY, FLORIDA CASE NUMBER: ______________ DIVISION _______________________ In the Circuit Court of the ___________________ Judicial Circuit, in and for _________________________ County, Florida Case No.: _________________ Division __________________ State of Florida, ) ) Plaintiff, ) ) v. ) ) ___________, ) Defendant/Petitioner ) _______________________________ ) ORDER TO SEAL RECORDS PURSUANT TO FLORIDA STATUTE SECTION 943.059, FLORIDA STATUTES, AND FRCP FLORIDA RULE OF CRIMINAL PROCEDURE 3.692 THIS CAUSE having come on to be heard before me this date upon Defendant's petitioner's P petition to S seal R records concerning the petitioner's arrest on the ____ day of __________, 19__, by the (arresting agency), and the C court having heard argument of counsel and being otherwise advised in the premises, the court hereby finds: 1. That t The Defendant petitioner has never been previously adjudicated guilty of a criminal offense or comparable ordinance violation. 2. That t The Defendant petitioner was not adjudicated guilty of charges stemming from the arrest or criminal activity to which the instant P petition pertains. 3. That t The Defendant petitioner has not secured a prior records expunction or sealing; whereupon it is thereby ORDERED AND ADJUDGED that the P petition to S seal R records be and the same hereby is granted. All C court records pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in Florida Statute 943.058, and FRCP Florida Rule of Criminal Procedure 3.692; and it is further ORDERED AND ADJUDGED that the C clerk of this C court shall forward a certified copy of this O order to the State Attorney (check one) ____ state attorney, ____ special prosecutor, ____ statewide prosecutor, ________ (arresting agency), and the Sheriff of ________ County, who will comply with the procedures set forth in Florida Statute section 943.058 9, Florida Statutes, and appropriate regulations of the Department of Law Enforcement, and who will further forward a copy of this O order to any agency that their records reflect has received the instant criminal history record information; and it is further ORDERED AND ADJUDGED that _________ (arresting agency) shall seal all information concerning indicia of arrest or criminal history record information reference regarding this Defendant petitioner in accordance with the procedures set forth in Florida Statute section 943.058 9, Florida Statutes, and FRCP Florida Rule of Criminal Procedure 3.692. All costs of certified copies involved herein are to be borne by the Petitioner ___________. DONE AND ORDERED in Chambers at ________ County, Florida, this ____ day of __________, 19__. ________________________________ Circuit Court Judge (d) Petition to Expunge or Seal. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR _____________________ COUNTY, FLORIDA CASE NUMBER: ______________ DIVISION ___________________ X STATE OF FLORIDA, ) In the Circuit Court of the _________________ Judicial Circuit, in and for ___________________ County, Florida Case Number: ______________ Division __________________ State of Florida, )) Plaintiff, ) ) vs. ) ) ___________________________________, ) ) Defendant. Petitioner ) ___________________________________ ) PETITION TO EXPUNGE OR SEAL COMES NOW t The Defendant petitioner, __________, by and through his the undersigned attorney, and petitions this H honorable C court, pursuant to Florida Rule of Criminal Procedure 3.692, and Florida Statute section ____ 943.0585, or ____ section 943.59 Florida Statutes, to ____ expunge/seal ____ all criminal history record information in the custody of any criminal justice agency and the official records of the court concerning his the petitioner's arrest on the ____ day of __________, 19__, by ________ (arresting agency), for ________ (charges), and as grounds therefor would shows: 1. That o On the ____ day of __________, 19__, the Defendant petitioner, _________, a __________ (race/sex), whose date of birth is ____(date of birth), was arrested by (arresting agency), and charged with ____ (charges). 2. That t The Defendant petitioner has not been adjudicated guilty of any of the charges stemming from this arrest or alleged criminal activity. 3. The petitioner has not been previously adjudicated guilty of a criminal offense or a comparable ordinance violation. 3. 4. That t The Defendant petitioner has not secured a prior records expunction or sealing under this S section 943.0585, or 943.059, Florida Statutes, former section 943.058, Florida Statutes, former S section 893.14, Florida Statutes, or former S section 901.33, Florida Statutes, or any other law, rule, or authority. 4. 5. (To be used only when requesting expunction.) Such record has been sealed under this S section 943.059, Florida Statutes, former section 943.058, Florida Statutes, former S section 893.14, Florida Statutes, or former S section 901.33, Florida Statutes, for at least ten (10) years; or there has not been an indictment or information filed against the Defendant petitioner who is the subject of this criminal history record information; or an indictment or information filed against the petitioner who is the subject of this criminal history information was dismissed by the prosecutor or the court. WHEREFORE, the Defendant petitioner , ________, moves this Honorable Court to ____ expunge/seal ____ any criminal history record information and any official court records reference regarding his/her arrest by ____ (arresting agency), for (charges), on the ____ day of __________, 19__. I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been served upon (name of prosecuting authority), (check one) State Attorney for the _______ Judicial Circuit, in and for ________ County, ___ Special Prosecutor, ____ Statewide Prosecutor); ________ (arresting agency), ; and ________ (Sheriff of C county where D defendant was arrested, if different); and the Florida Department of Law Enforcement, this ____ day of __________, 19__. _________________________________ Name: Address: City/State: Telephone Number: Fla.Bar No.: Committee Notes 1984 Adoption. In order to have uniformity throughout the S state, the committee proposes these forms for P petition to E expunge or S seal, O order to S seal, and O order to E expunge and A affidavit. These also should be a great asset to counsel and an invaluable asset to the clerks and FDLE, etc., who will be receiving O orders in the future. The subcommittee working on these proposed forms has contacted law enforcement agencies, clerks, etc., for their input as to these proposed forms.