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3.692. Petition to Seal or Expunge
(a) Requirements of Petition. All relief sought by
reason of sections 943.0585–943.059, Florida Statutes,
shall be by written petition, filed with the clerk. The
petition shall state the grounds on 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 the motion. A
petition seeking to seal or expunge nonjudicial criminal
history records must be accompanied by a certificate of
eligibility issued to the petitioner by the Florida Department
of Law Enforcement. A copy of the completed
petition
and affidavit
shall be served on the prosecuting
attorney and the arresting authority. Notice and hearing
shall be as provided in rule 3.590(c).
(b) State’s Response; Evidence. The state may traverse
or demur to 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 written order so stating and further
setting forth the records and agencies or departments
to which it is directed.
(d) Copies of Order. On the receipt of an order sealing
or expunging nonjudicial criminal history records,
the clerk shall furnish a certified copy thereof to each
agency or department named therein except 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) remove from the official records of the court,
excepting the court file, all entries and records subject
to the order, provided that, if it is not practical to
remove the entries and records, the clerk shall make
certified copies thereof and then expunge by appropriate
means the original entries and records;
(2) seal the entries and records, or certified copies
thereof, together with the court file and retain the same
in a nonpublic index, subject to further order of the
court (see Johnson v. State, 336 So.2d 93 (Fla. 1976));
(3) in multi-defendant cases, make a certified copy
of the contents of the court file that shall be sealed under
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 the movant
is indigent.
Committee Notes
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. Subdivision (f) of
the former rule was deleted because it dealt with substantive matters
covered by section 943.058, Florida Statutes (1981).
2000 Amendment. Substantially the same as the former rule,
but references to certificate of eligibility for obtaining nonjudicial
criminal history records were added pursuant to State v. D.H.W.,
686 So. 2d 1331 (Fla. 1996).
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