Here's How To Remove Yourself From All Major Background ...

Published Oct 10, 22
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Crime Records Services Faq's - Department Of Public Safety

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You will be required to produce a government-issued photo identification to prove you are the same person identified by the information on the fingerprint card. The preferable applicant card is the blue FBI applicant card FD-258 and should be filled out as show in the sample. The Reason Fingerprinted field on the applicant fingerprint card must indicate Firearms Denial Challenge.

This card, and the results of the comparison, will be returned to you following the process. If the non-approval resulted from an out-of-state record, the identification process will require a longer period of time to process. If the record used does not match based on fingerprints, you and the gun dealer will be notified in writing, and an approval number will be issued.

After you review that record, you should again communicate with the Supervisor of the Handgun Hotline if there are any errors or discrepancies in the record with which you do not agree. If you wish to challenge a particular finding on the record, it will be necessary to provide proof in the form of a court document or other information that supports your contention of inaccuracy.

The granting of a petition for sealing or expungement filed by a statutorily-eligible petitioner is at the sole discretion of the court. [Back to Top] You can obtain an application for the Certificate of Eligibility by downloading the application from this website, or by emailing the FDLE Expunge Section at , and requesting an application be mailed or emailed to you.

Under Florida and federal law, an individual has the right to request a copy of his/her criminal history record for purposes of review, to ensure that it is both accurate and complete. Through the process known as a Personal Review, the requestor may examine their criminal history record for accuracy and has the right to challenge any information contained within the criminal history record that the requestor believes is inaccurate or incomplete.

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059(4)(a), F.S, have access to the sealed record information in its entirety. When a record has been expunged, most of the entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order.

[Back to Top] The eligibility criteria for sealing or expungement include the requirement that the applicant be able to attest that he/she has never previously had a record sealed or expunged, under Section 943. 059, Section 943 - how to clear my background check. 0585, or previous versions of those statutes, in Florida. With respect to the relief offered by these statutes, a person may only seal or expunge one arrest record in one proceeding.

A record that is initially ineligible for expungement (because adjudication was withheld) may become eligible after it has been sealed for 10 years. However, a person may not seal or expunge one arrest record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged.

[Back to Top] There is no requirement that you have an attorney in order to request a seal or an expungement of your criminal history record. However, because the process sometimes involves complex legal issues, an attorney’s advice and assistance may well be helpful in many cases. If you need information on how to contact an attorney that is knowledgeable in this area of the law, you can contact the Florida Bar online at http://www.

[Back to Top] Once FDLE has issued the Certificate of Eligibility to seal or expunge a criminal history record, the next step is to file a petition for relief, along with the Certificate of Eligibility and the required affidavit, in the court having jurisdiction over the arrest (usually in the county in which the arrest occurred).

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See Question #4, for instructions on how to request a copy of your criminal history record to review accuracy and completeness. If you agree that the criminal history information is correct, but believe that the law has been incorrectly applied or interpreted in your case, you may appeal the denial, i.

If you have questions in this regard, you should seek legal advice and/or contact the Clerk of Court in the county in which the petition to seal or expunge would be filed. [Back to Top] With respect to sealing or expungement under Sections 943. 059 or 943. 0585, F.S., unless the pardon indicates on its face that it entitles the record subject to seal or expunge his/her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record imposed by the disposition of the pardoned offense.

0585 or 943. 059, F.S., regardless of whether their civil rights have been restored. [Back to Top] The following considerations are relevant to the decision of whether to seek the judicial sealing or expungement of a juvenile criminal history record. Prior to October 1, 1994, juvenile arrest records were not maintained by FDLE in the criminal history record system.

All applications are processed in the order that the full and complete application for Certificate of Eligibility and all required supporting documents are received. [Back to Top] No. As Sections 943. 0585(2)(f) and 943. 059(2)(e), F.S., require an applicant to have never secured a prior sealing or expungement of a criminal history record under current or former versions of these laws, having an earlier seal or expunge order vacated does not remove this disqualification.

Once FDLE seals or expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency and all criminal justice agencies involved with your case. The notification letter is to inform the agencies that FDLE has received and has complied with the order in accordance with the seal or expunge statutes - how to get a clean background check.

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The arresting agency is then responsible for sending a certified copy of the court order to all agencies to which the arresting agency disseminated the criminal history information to which the order pertains. In addition to FDLE, these agencies may include state agencies such as the Department of Corrections and Department of Juvenile Justice.

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For example, “mugshot” photographs and arrest information maintained on privately operated websites are not subject to an expungement order. Private companies collect information from a variety of online sources, governmental and commercial. FDLE does not have regulatory authority over these companies, so we cannot request or demand any private entity to change or delete the information it provides, whether such information was obtained from the Department, prior to the court-ordered sealing or expungement, or obtained from other sources.