Instructions for the Sealing or Expungment

Instructions for the Sealing or Expungement

of Criminal History Records

You must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement

(FDLE) prior to filing your petition with the court to seal or expunge a criminal history record. You are

required to attach to your Application for Certificate of Eligibility a certified copy of the disposition of each

charge you are seeking to have expunged or sealed. Certified copies of dispositions may be purchased from

the Clerk's Research Department. To submit a request, please send an email to

Records_Request@stlucieclerk.gov.

Once you have received your Certificate of Eligibility you will need to complete and file the below

listed forms with the Clerk of the Court. The below listed forms and instructions can be located on

our website at www.stlucieclerk.gov/forms.

Affidavit: Must be completed and signed before a notary.

Petition to Seal or Expunge: Must be completed and signed.

Certificate of Eligibility (Original)

You will need to contact the Criminal Department at 772-462-6943 to find out the judge who will

be assigned to your case. There is a $42.00 filing fee due when filing the petition. Any outstanding fines,

fees or court costs must be paid. Acceptable forms of payment are cash, credit card, money order or

cashier’s checks. Personal checks are not accepted.

All original paperwork should be filed with the Customer Care Center, 201 S. Indian River Drive,

Fort Pierce, FL 34950. If you mail in your paperwork, please send to Clerk of the Circuit Court, P.O. Box

700, Fort Pierce, FL 34954. A copy of the petition must be delivered to the Office of the State Attorney

and the arresting agency.

The petitioner must arrange for a hearing date/time on the Court's calendar by calling the judicial

assistant for the assigned judge. When a hearing date has been obtained, the applicant must file the notice

of hearing with the Clerk of the Court by emailing it to criminalcourt@stlucieclerk.gov or coming in

person to the Customer Care Center located at 201 S. Indian River Drive, Ft. Pierce, FL 34950. A copy

must be sent to the State Attorney's Office and arresting agency.

IN THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA

CASE NUMBER(S): __________________

__________________

DIVISION: ____________

AFFIDAVIT

STATE OF FLORIDA

_____________________________

(Defendant’s Name)

State of Florida

County of St. Lucie

I, _________________________________________, 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 the terms of this affidavit.

2. I have never been adjudicated guilty of a criminal offense or a comparable ordinance

violation nor adjudicated delinquent for committing a felony or a misdemeanor specified

in section 943.051(3)(b), Florida Statues.

3. I was arrested on ____________________ (date), by __________________________

(arresting agency), and I have not been adjudicated guilty of, nor adjudicated delinquent

for committing, any of the acts 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 the court.

5. I have never secured a prior records expunction under any law.

6. (For use in expunction petitions only.) My record of arrest for this date has been sealed

for at least 10 years; or an indictment, information, or other charging document filed

against me was dismissed by the prosecutor or the court.

______________________________

Petitioner

Sworn to and subscribed before me on ________________.

______________________________

Personally known ______ or produced identification______ NOTARY PUBLIC, or other person authorized

Type of identification produced_______________________ to administer an oath

My commission expires:

________________________________________

Printed, typed, or stamped commissioned name

of Notary Public

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IN THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA

STATE OF FLORIDA CASE NUMBER(S): __________________

__________________

VS __________________

_________________________________________ DIVISION: __________________

(Defendant’s Name)

PETITION TO EXPUNGE OR SEAL

The petitioner, ____________________________________________________, by and

through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal

Procedure 3.692 and section 943.0585 (Expungement) or 943.059 (Sealing) Florida

Statutes, to Expunge or Seal 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

on _____________________ (date) by ______________________________________________

(arresting agency), for ___________________________________________________________

charges), and as grounds therefore shows:

1. On __________ (date of arrest), the petitioner ______________________________,

a ___________ (sex/race), whose date of birth is ______________ (date of birth),

was arrested by _____________________________________ (arresting agency), and

charged with _________________________________________________ (charges).

2. The petitioner has not been adjudicated guilty of nor adjudicated guilty of committing

any of the acts 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 nor adjudicated delinquent for committing a felony or

a misdemeanor specified in section 943.051(3)(b), Florida Statutes.

4. The petitioner has not secured a prior records expunction or sealing under section

943.0585, or 943.059, Florida Statutes, former section 943.058, Florida Statutes,

former section 893.14, Florida Statutes, or former section 901.33, Florida Statutes, or

any other law, rule, or authority.

5. (To be used only when requesting expunction.) The petitioner’s record has been

sealed under section 943.059, Florida Statutes, former section 943.058, Florida

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MALE/WHITE

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Statutes, former section 893.14, Florida Statutes, or former section 901.33, Florida

Statutes, for at least 10 years; or there has not been indictment, information, or other

charging document filed against the petitioner who is subject of this criminal history

record information; or an indictment, information, or other charging document filed

against the petitioner who is the subject of this criminal history information was

dismissed by the prosecutor or the court.

6. A Certificate of Eligibility for

expunction or sealing of non-judicial criminal

history records issued by the Florida Department of Law Enforcement accompanies

this petition.

WHEREFORE, the petitioner moves to expunge or seal any criminal history

record information and any official court records regarding his/her arrest by

_____________________________________________________ (arresting agency),

for ____________________________________________________________ (charges),

on ___________________ (date).

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 19th Judicial Circuit, in and for St. Lucie County

Statewide Prosecutor; AND to the

Special Prosecutor,

arresting agency _________________________________________________(arresting

agency); St. Lucie County Sheriff; and the Florida Department of Law Enforcement, on

_________________ (date.)

_________________________________________

Name:____________________________________

Address: __________________________________

City/State: ________________________________

Telephone Number: _________________________

Fla Bar Number: ___________________________

Original: Clerk of the Circuit Court

Copy: State Attorney’s Office

Statewide Prosecutor

Florida Department of Law Enforcement

Arresting Agency (__________________________)

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IN THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA

CASE NUMBER(S): __________________

__________________

DIVISION: ____________

NOTICE OF HEARING

STATE OF FLORIDA

_____________________________

(Defendant/Petitioner Name)

State of Florida

County of St. Lucie

PLEASE TAKE NOTICE that the petitioner has called for a hearing;

MOTION: SEAL OR EXPUNGE CRIMINAL RECORD

________________________

DATE:

TIME:

UDGE:

________________________

PLACE: ST. LUCIE COUNTY COURTHOUSE

218 S. 2ND STREET

FORT PIERCE, FL 34950

I hereby certify that a true and correct copy of the foregoing Motion has been furnished

by mail to the State Attorney, 411 South 2nd Street, Fort Pierce, FL 34950 and the

Arresting Agency ______________________________________

This ___________day of ___________________, 20____.

______________________________

Defendant/Petitioner

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