Fla. R. Crim. P. 3.9895
In the Circuit Court of the
______ Judicial Circuit,
in and for_____________
County, Florida
Case No.: _____________
Division________________
State of Florida, | ) |
) | |
Plaintiff, | ) |
) | |
v. | ) |
) | |
____________________________, | ) |
) | |
Defendant/Petitioner | ) |
_____________________________ | ) |
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.693 and section 943.0583, Florida Statutes, to expunge 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 and/or conviction on .....(date(s))....., by .....(arresting agency and/or prosecuting authority)....., for .....(charges and/or offenses)....., and as grounds therefor shows:
WHEREFORE, the petitioner moves to expunge any criminal history record information and any official court records regarding his/her arrest and/or conviction by .....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., on .....(date(s))......
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 .......... Judicial Circuit, in and for ....................County, ..... Special Prosecutor, ..... Statewide Prosecutor; .....(arresting agency).....; and .................... (Sheriff of county in which defendant was arrested, if different); on .....(date)......
_____________
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Personally known .......... or produced identification ..........
Type of identification procedure ...........
My commission expires:
In the Circuit Court of the
_______Judicial Circuit,
in and for_______________
County, Florida
Case No.: _______________
Division_________________
State of Florida, | ) |
) | |
Plaintiff, | ) |
) | |
v. | ) |
) | |
______________________________, | ) |
) | |
_ Defendant/Petitioner | ) |
_____________________________ | ) |
SWORN STATEMENT/HUMAN TRAFFICKING VICTIM
State of Florida
County of____________
I, .....(name of defendant/petitioner)....., am the defendant/petitioner in the above-styled cause and I do hereby swear or affirm that:
________________
Petitioner
Sworn to and subscribed before me on .....(date)......
___________________
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
In the Circuit Court of the
_____Judicial Circuit,
in and for_______
County, Florida
Case No.: Division
State of Florida, | ) |
) | |
Plaintiff, | ) |
) | |
v. | ) |
) | |
______________________________, | ) |
) | |
Defendant/Petitioner | ) |
_____________________________ | ) |
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM, UNDER SECTION 943.0583, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date upon a petition to expunge certain records of the petitioner's arrest and/or conviction on .....(date(s))....., by .....(arresting agency and/or name of prosecuting authority)....., for .....(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following:
The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, or is reported to have committed, other than those offenses listed in section 775.084(1)(b) 1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which he/she was the victim, or at the direction of an operator of the scheme. A conviction expunged under this section is deemed to have been vacated due to a substantive defect in the underlying criminal proceedings.
Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is granted. All court records pertaining to the above-styled case shall be sealed in accordance with the procedures set forth in Florida Rule of Criminal Procedure 3.693; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy of this order to the (check one) .....state attorney, .....special prosecutor, .....statewide prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record information; and it is further
ORDERED AND ADJUDGED that .....(arresting agency)..... shall expunge all information concerning indicia of arrest, conviction, or criminal history record information regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule of Criminal Procedure 3.693.
DONE AND ORDERED in Chambers at ....................County,
Florida, on .....(date)......
__________________
Circuit Court Judge
FL. R. Crim. P. 3.9895
Committee Notes
2019 Amendment. Rule 3.989 5 was previously a part of rule 3.989.