Juvenile Diversion Expungements
If you are a
juvenile and have completed a court-mandated diversion program, such as JASS, SCOP, or Teen Court, you may apply for a juvenile expunction within six months of your case being dismissed.
The statute permits "a person whose record is expunged under this section may lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record."
Furthermore, "FDLE shall expunge the nonjudicial arrest record of a minor who has successfully completed a prearrest or postarrest diversion program if that minor:
(a) Submits an application for prearrest or postarrest diversion expunction, on a form prescribed by the department, signed by the minor's parent or legal guardian, or by the minor if he or she has reached the age of majority at the time of applying.
(b) Submits the application for prearrest or postarrest diversion expunction no later than 6 months after completion of the diversion program.
(c) Submits to the department, with the application, an official written statement from the state attorney for the county in which the arrest occurred certifying that he or she has successfully completed that county's prearrest or postarrest diversion program and that participation in the program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.
(d) Participated in a prearrest or postarrest diversion program that expressly authorizes or permits such expunction to occur.
(e) Participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28.
(f) Has never, prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation.
What is important to remember is that "expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections."
In other words, a juvenile diversion expungement will not prevent you from getting an an expungement or sealing when you are an adult.
Eric Matheny is a criminal defense attorney serving the entire State of Florida for the purpose of sealing or expunging criminal records.