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Administrative Expunction

Darren D. Shull, P.A. > Administrative Expunction

Florida Statutes 943.0581

Juveniles & Adults: Under this section juveniles or adults who have been wrongfully arrested may, under this section have that record of arrest sealed or expunged; Either at the request of the arresting agency or by the individual his parent or guardian with the endorsement of the arresting agency or local prosecutors office. What is important is that this expunction can be performed regardless whether the individual seeking an expunge has a prior record of adjudications as long as the arrest in question did not result in a plea or judgment of guilt. The arrest must have been either due to mistaken identity or an arrest contrary to law, which can be interpreted as an arrest that was based upon evidence that was incorrect or mistaken so much so that either the arresting agency or the State Attorneys Office indicates that the arrest should not have been made in the first place. This is referred to as an endorsement by the appropriate agency. There must be uncontroverted or clear evidence that the victim(s) was lying, mistaken identification or where further investigation of the evidence clearly shows there was a mistake in the criminal charges.

 

 

Administrative expunction application are decided on a case by case basis and the Florida Department of Law Enforcement expunction Quality Control section decides which cases qualify for this type of expunction at their discretion.

Here is the section pertaining to Administrative Expunction in its entirety:

 

 

  1. Notwithstanding any law dealing generally with the preservation and destruction of public records, the department may adopt a rule pursuant to chapter 120 for the administrative expunction of any non-judicial record of an arrest of a minor or an adult made contrary to law or by mistake.
  2. A law enforcement agency shall apply to the department in the manner prescribed by rule for the administrative expunction of any non-judicial record of any arrest of a minor or an adult who is subsequently determined by the agency, at its discretion, or by the final order of a court of competent jurisdiction, to have been arrested contrary to law or by mistake.
  3. An adult or, in the case of a minor child, the parent or legal guardian of the minor child, may apply to the department in the manner prescribed by rule for the administrative expunction of any non-judicial record of an arrest alleged to have been made contrary to law or by mistake, provided that the application is supported by the endorsement of the head of the arresting agency or his or her designee or the state attorney of the judicial circuit in which the arrest occurred or his or her designee.
  4. An application for administrative expunction shall include the date and time of the arrest, the name of the person arrested, the offender-based tracking system (OBTS) number, and the crime or crimes charged. The application shall be on the submitting agency’s letterhead and shall be signed by the head of the submitting agency or his or her designee.
  5. If the person was arrested on a warrant, capias, or pickup order, a request for an administrative expunction may be made by the sheriff of the county in which the warrant, capias, or pickup order was issued or his or her designee or by the state attorney of the judicial circuit in which the warrant, capias, or pickup order was issued or his or her designee.
  6. An application or endorsement under this section is not admissible as evidence in any judicial or administrative proceeding and may not be construed in any way as an admission of liability in connection with an arrest.