Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Florida requires a Certificate of Eligibility from FDLE (form FDLE 40-021) before
filing an expungement petition, plus the official Petition and Affidavit to Expunge form
from your county Clerk of Court. This template provides the substantive legal content to
help you prepare — but you must transfer your content to the official forms before filing.
Official forms are available at
https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Application-Forms.
Do not file this document directly with the court.

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT

IN AND FOR [___] COUNTY, FLORIDA

STATE OF FLORIDA,
Plaintiff/Respondent,

v. Case No.: [___]

[PETITIONER’S FULL LEGAL NAME],
Defendant/Petitioner.
_______________________________________/

VERIFIED PETITION FOR EXPUNCTION OF CRIMINAL HISTORY RECORD

Effective Date: [DATE PETITION SIGNED]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Attachments & Exhibits

(Internal cross-references auto-update in most modern word processors.)

1. DOCUMENT HEADER

1.1 Parties
a. Petitioner: [PETITIONER’S FULL LEGAL NAME] (“Petitioner”).
b. Respondent Agencies (collectively, “Agencies”):
i. State Attorney for the ☐ Judicial Circuit,
ii. [ARRESTING AGENCY],
iii. Florida Department of Law Enforcement (“FDLE”), and
iv. Any other criminal justice agency possessing responsive records.

1.2 Jurisdiction & Venue
This Court has subject-matter jurisdiction and venue under Fla. Stat. § 943.0585 (2023) because the criminal history record sought to be expunged originated in this Circuit and County.

1.3 Recitals
WHEREAS Petitioner was arrested on [ARREST DATE] by [ARRESTING AGENCY] and charged with [OFFENSE(S) CHARGED];
WHEREAS the charge(s) were disposed of on [DISPOSITION DATE] with the result of [Nolle Prosequi / Dismissal / Acquittal / Withheld Adjudication];
WHEREAS Petitioner is statutorily eligible for expunction and has obtained FDLE Certificate of Eligibility No. [COE NUMBER] dated [COE DATE];
NOW, THEREFORE, Petitioner respectfully petitions this Court for an order expunging the referenced criminal history record.

2. DEFINITIONS

For purposes of this Petition:

“Certificate of Eligibility” means the certificate issued by FDLE pursuant to Fla. Stat. § 943.0585(2).
“Court” means the Circuit Court of the ☐ Judicial Circuit, in and for [___] County, Florida.
“Criminal History Record” means all arrest and court records associated with Case No. ☐.
“Expunction Order” means the court order granting the relief prayed for herein.
“Petitioner” has the meaning ascribed in Section 1.1(a).
“Respondent Agencies” or “Agencies” has the meaning ascribed in Section 1.1(b).

3. OPERATIVE PROVISIONS

3.1 Relief Requested
Petitioner requests entry of an Expunction Order directing the Agencies to:
a. Permanently expunge the Criminal History Record;
b. Retain a confidential, non-public copy solely for the purposes enumerated in Fla. Stat. § 943.0585(4); and
c. Disseminate no information regarding the expunged record except as authorized by statute.

3.2 Service of Order
Upon issuance, Petitioner (or counsel) shall serve a certified copy of the Expunction Order on each Agency within ten (10) days. Agencies shall comply within sixty (60) days of receipt, or earlier if ordered.

3.3 Costs
All statutorily-mandated costs of certified copies and service shall be borne by Petitioner unless waived by the Court.

3.4 Continuing Jurisdiction
The Court retains jurisdiction to enforce, modify, or clarify the Expunction Order.

4. REPRESENTATIONS & WARRANTIES

Petitioner hereby verifies under oath and penalty of perjury that:

4.1 Eligibility
a. Petitioner has never been adjudicated guilty of a criminal offense or comparable ordinance violation, as required by Fla. Stat. § 943.0585(1)(d).
b. Petitioner has not secured a prior sealing or expunction of a criminal history record under any Florida or out-of-state law.
c. No criminal charges are currently pending against Petitioner.
d. The arrest sought to be expunged is not for an offense statutorily barred from expunction.
e. The Certificate of Eligibility attached hereto is authentic and unexpired.

4.2 Accuracy
All statements in this Petition, including all attachments and sworn affidavits, are true and correct to the best of Petitioner’s knowledge.

4.3 Survival
The representations in this Section survive entry of the Expunction Order.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation
Petitioner shall timely furnish any additional documentation this Court or an Agency reasonably requests to effectuate expunction.

5.2 Compliance
Petitioner shall comply with any future statutory reporting obligations that may arise concerning concealed expunged records (e.g., responses on applications for sensitive licensing or employment).

6. DEFAULT & REMEDIES

[NOT APPLICABLE] – No contractual performance obligations exist between the parties. The Court’s contempt powers and statutory enforcement mechanisms govern non-compliance with the Expunction Order.

7. RISK ALLOCATION

Indemnification and limitation-of-liability clauses are not applicable to this Petition.

8. DISPUTE RESOLUTION

8.1 Governing Law
Florida law, including Fla. Stat. § 943.0585, governs all matters arising under this Petition.

8.2 Forum Selection
Exclusive jurisdiction and venue lie with this Court.

8.3 Arbitration & Jury Trial
Not applicable; the matter is resolved by judicial order.

8.4 Injunctive Relief
Petitioner seeks injunctive relief in the form of record sealing pending full compliance with the Expunction Order.

9. GENERAL PROVISIONS

9.1 Amendment
This Petition may be amended only by leave of Court.

9.2 Severability
If any provision of the Expunction Order is held invalid, the remainder shall remain in full force.

9.3 Integration
This Petition, sworn statement, and attached exhibits constitute the entire submission in support of the requested relief.

9.4 Electronic Signatures
Electronic signatures and notarial acts performed in compliance with Fla. Stat. ch. 117 are accepted.

10. EXECUTION BLOCK

Respectfully submitted,

_________________________________
[PETITIONER NAME]
Petitioner, pro se
Address: [___]
Phone: [___]
Email: [___]

—or—

_________________________________
[ATTORNEY NAME], Esq.
Florida Bar No. [___]
Counsel for Petitioner
Law Firm: [___]
Address: [___]
Phone: [___]
Email: [___]

VERIFICATION

STATE OF FLORIDA )
COUNTY OF ☐ )

BEFORE ME, the undersigned authority, personally appeared [PETITIONER NAME], who, being duly sworn, deposes and states that the foregoing Petition is true and correct; that he/she satisfies all statutory criteria for expunction; and that he/she understands the penalties of perjury in making a false statement.

_________________________________
[PETITIONER NAME], Affiant

Sworn to and subscribed before me this ___ day of __________, 20__, by [PETITIONER NAME], who ☐ is personally known to me OR ☐ produced ___________________ as identification.

_________________________________
Notary Public, State of Florida
(Print, Type, or Stamp Commissioned Name)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Petition, together with all exhibits, has been furnished via [method of service] to:

1. Office of the State Attorney, [Address];
2. Florida Department of Law Enforcement, Expunge/Seal Section, P.O. Box 1489, Tallahassee, FL 32302-1489; and
3. [ARRESTING AGENCY], [Address];

on this ___ day of __________, 20__.

_________________________________
[ATTORNEY OR PETITIONER SIGNATURE]

11. ATTACHMENTS & EXHIBITS

A. FDLE Certificate of Eligibility (required)
B. Sworn Affidavit of Petitioner (if separate from Verification)
C. Proposed Order Granting Expunction
D. Disposition documentation (e.g., certified copy of final judgment, dismissal, or nolle prosequi)
E. Fingerprint Card (if required by local administrative order)