Notes

Committee Notes

1984 Adoption. In order to have uniformity throughout the state, the committee proposes these forms for petition to expunge or seal, order to seal, and order to expunge and affidavit. These also should be a great asset to counsel and an invaluable asset to the clerks and FDLE, etc., who will be receiving 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.

2019 Amendment. Subdivisions addressing human trafficking were moved to rule 3.9895.

RULE 3.9895 HUMAN TRAFFICKING: SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL RECORDS (a) Petition to Expunge; Human Trafficking Victim. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: Division State of Florida, ) ) Plaintiff, ) ) v. ) ) , ) ) Defendant/Petitioner ) ) PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM The petitioner, ...................., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.693 and section 943.0583, Florida Statutes, to expunge all criminal history record information in the custody of any criminal justice agency and the official records of the court concerning the petitioner’s arrest and/or conviction on .....(date(s))....., by .....(arresting agency and/or prosecuting authority)....., for .....(charges and/or offenses)....., and as grounds therefor shows: 1. On .....(date(s))....., the petitioner, ...................., a .....(race/sex)....., whose date of birth is .....(date of birth)....., was arrested by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which he/she was the victim or at the direction of an operator of the scheme as evidenced by the attached official documentation of his/her status, or may be shown by clear and convincing evidence presented to the Court. WHEREFORE, the petitioner moves to expunge any criminal history record information and any official court records regarding his/her arrest and/or conviction by .....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., on .....(date(s))...... I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been served on .....(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 county in which defendant was arrested, if different); on .....(date)......

Name: Address: City/State: Telephone Number: E-mail Address: Fla. Bar No.: Personally known ………. or produced identification ……….

Type of identification procedure ……….. My commission expires: (b) Sworn Statement in Support of Petition; Human Trafficking Victim. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: Division State of Florida, ) ) Plaintiff, ) ) v. ) ) , ) ) Defendant/Petitioner ) ) SWORN STATEMENT/HUMAN TRAFFICKING VICTIM State of Florida County of I, .....(name of defendant/petitioner)....., am the defendant/petitioner in the above-styled cause and I do hereby swear or affirm that: 1. I fully understand the meaning of all of the terms of this sworn statement. 2. I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which I was the victim or at the direction of an operator of the scheme. 3. I was arrested and/or convicted on .....(date(s))....., by .....(arresting agency and/or name of prosecuting authority)...... 4. I am eligible for the relief requested, to the best of my knowledge and belief.

Petitioner Sworn to and subscribed before me on .....(date)......

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 commission expires: (c) Order to Expunge; Human Trafficking Victim. 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 EXPUNGE, HUMAN TRAFFICKING VICTIM, UNDER SECTION 943.0583, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693 THIS CAUSE, having come on to be heard before me this date upon a petition to expunge certain records of the petitioner’s arrest and/or conviction on .....(date(s))....., by .....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, or is reported to have committed, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which he/she was the victim, or at the direction of an operator of the scheme. A conviction expunged under this section is deemed to have been vacated due to a substantive defect in the underlying criminal proceedings. Whereupon it is ORDERED AND ADJUDGED that the petition to expunge is granted. All court records pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in Florida Rule of Criminal Procedure 3.693; and it is further ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this 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, conviction, or criminal history record information regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule of Criminal Procedure 3.693. DONE AND ORDERED in Chambers at .................... County, Florida, on .....(date)......

Circuit Court Judge

Committee Notes

2019 Amendment. Rule 3.9895 was previously a part of rule 3.989.