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ST JOHNS CO CLERK OF COURT – SEALING/EXPUNGING ADULT CRIMINAL CASES

Florida Statutes: s.943.0585 and s.943.059; Florida Rules of Criminal Procedure: 3.692

S T E P 1 of 2 – OBTAINING YOUR FDLE CERTIFICATE OF ELIBILITY:

Complete Florida Department of Law Enforcement (FDLE) Application for Certificate of Eligibility available at Clerk’s Office, or you can download Application from FDLE’s website @ www.fdle.state.fl.us/expunge/
You may only list multiple charges on Application if they are from same incident.
Sign Section A in front of notary public.
Purchase certified copy of final disposition from Clerk (see instruction # 5 on Application).
Detach fingerprint form (do not write on it) and take to law enforcement agency (St Johns Sheriff provides service in Bldg A of Judicial Complex, Mon thru Fri 8:00 to 12:30 and 1:00 to 4:00 pm, for a $5.00 fee).
If your charge/case was dropped (Announcement of No Information, Nolle Prosequi, Dismissed by Judge) . . . then you would be eligible to have case expunged and will need Section B completed by State Attorney (St Johns State Attorney’s office is located in Bldg A, Suite 2022, in Judicial Complex, Monday thru Friday 8:00 to 4:30).
If your charge had adjudication withheld and is not listed as a “Disqualifying Charges”on Application instructions, then you will be eligible to have case sealed and will not need to have Section B completed by State Attorney and will mail all forms to FDLE in Tallahassee at address shown on back of Application with non-refundable $75.00 cashiers check or money order.
If you are applying for Expungement, the State Attorney will need to complete Section B and will mail back to you. Then, you will mail all forms to FDLE in Tallahassee at address shown on back of Application with non-refundable $75.00 cashiers check or money order.
Mail Application to FDLE and wait approximately 30 days for their response.

S T E P 2 of 2 – PETITIONING COURT FOR ORDER TO SEAL OR EXPUNGE:

When you receive your “Certificate of Eligibility” from FDLE, you will see toward the bottom left of certificate either Seal or Expunge printed on the Certificate, and next step is to petition the court for an Order to Seal (or to Expunge).
You will complete three forms to be filed along with your original Certificate of Eligibility (forms may be purchased from Clerk for $.15 per page or see Florida Rules of Court Forms):

Pro Se Petition to Seal or Expunge
Affidavit (must be notarized)
Proposed Order to Seal or to Expunge

File all four documents (Petition / Affidavit / Proposed Order / Original Certificate of Eligibility) with the Clerk’s Office, who will file and forward to judge.
In approximately two weeks, the Clerk will contact you by letter advising of judge’s ruling.
If judge signs the Order, then you will be asked for a processing fee ($42.00 processing fee plus+ cost of certified copies of Order that Clerk will send to agencies @ $1.00 per page and $2.00 certification fee for each copy of Order).
When your payment is received by Clerk, then all certified copies will be distributed, with a certified copy being mailed to you.

Legal Questions: The Clerk's Office is prohibited by law from providing legal assistance or advice in these matters; please consult attorney or the following:
- St Johns Co Legal Aid: 222 San Marco Ave, St. Augustine, FL 32084; tel: 904-827-9921 ext 203
- Florida Dept of Law Enforcement: tel: 850-410-7870; website: www.fdle.state.fl.us/expunge/

"Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.”