Do I have to apply for a certificate of eligibility to have my juvenile criminal history record sealed or expunged?
The following considerations are relevant in deciding whether to apply to have a juvenile criminal history record sealed or expunged:
- Prior to October 1, 1994 (for felonies) and July 1, 1996 (for specified misdemeanors), juvenile arrest records were not maintained by FDLE in the criminal-history record system and would not be available to the general public unless the juvenile were treated as an adult.
- If certain qualifications are met, juvenile records are subject to an abbreviated retention schedule which results in the automatic expunction of the record after a specified period of time. See Florida Statutes section 943.0515.
- Juvenile defendants who successfully complete a qualified diversion program, as set forth in Florida Statutes section 943.0582, may be eligible for expunction of their record.
- If a person wishes to pursue the judicial sealing or expunction of his or her juvenile record, the eligibility criteria and procedures, which are similar to those for adults, are found in Florida Statutes sections 943.059 and 943.0585.
