Expunging a Minor’s Criminal History Record

          There is a procedure in Florida for expunging a minor’s criminal history record.  That procedure, which is contained in Florida statute section 943.0582, differs in at least three important respects from the procedure that exists for expunging the criminal record of an adult.  (The procedure for expunging an adult criminal history record is found in Florida statute section 943.0585.)

          1.  A minor has to submit her application to the Florida Department of Law Enforcement for expunction no later than 6 months after completion of a diversion program, whereas there is no time limit for an adult who is applying to have her criminal history record sealed or expunged;

          2.  An adult can have a criminal history record sealed or expunged for various felony or misdemeanor offenses, whereas a minor can have a criminal history record expunged only for a nonviolent misdemeanor that does not qualify as an act of domestic violence;

          3.  A minor who has a criminal history record expunged may later apply to have an adult record sealed or expunged as well, whereas an adult can have only one record sealed or expunged.