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11C-7.009 Procedures on Juvenile Diversion Expunctions.

(1) A minor who has successfully completed a prearrest or postarrest diversion program as authorized by Section 985.3065, F.S., which program satisfies the requirements found at Section 943.0582, F.S., may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application for the Juvenile Diversion Expunction must include:

(a) No Change.

(b) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025  40-022 (rev February 2008 10/01), incorporated here by reference, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: (850) 410-7870

Website: http://www.fdle.state.fl.us/expunge

(c)  A written, certified statement from the state attorney for the county in which the arrest occurred, which meets the requirements set forth in Section 943.0582(3)(c), F.S. The state attorney should complete section B of the Application for Juvenile Diversion Expunction and have it certified.

(d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) or Fingerprint form 40-024. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form: “Application For Juvenile Diversion Expunction.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: (850) 410-7870

Website:  http://www.fdle.state.fl.us/expunge

(2)  The complete application packet should be mailed or delivered, within the time limits prescribed by Section 943.0582, F.S., to Accounting and Budgeting, Florida Department of Law Enforcement, ATT: Expunge/Seal Section, Post Office Box 1489, Tallahassee, Florida 32302-1489. The following notation should be placed on the envelope: “ATTENTION EXPUNGE SECTION.”

(3) – (6) No Change.

Specific Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended __________________.

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