6485437, 11C-7.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6485437

Notice of Proposed Rule

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Division of Criminal Justice Information Systems

Chapter:

CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES

Overview

RULE:

11C-7.008

Administrative Expunction Procedures

PURPOSE:

Implements updated statutory requirements for the administrative expunction of Florida criminal history arrest records that are made contrary to law or by mistake.

SUMMARY:

Requests for administrative expunction from the Florida criminal history file of arrests made in error or contrary to law no longer require an affidavit from the head of the arresting agency. If the person was arrested in error based on a warrant, capias, or pick-up order, the request for an administrative expunge may be made either by the head of the arresting agency or by the sheriff of the warranting county or by the state attorney of the judicial circuit where the warrant, capias or pick-up order was issued.

RULEMAKING AUTHORITY:

943.03, 943.0581 FS.

LAW:

943.0581 FS.

PRINT PUBLISH DATE:

1/9/2009 Vol. 35/01

COMMENTS:

From 1/9/2009 To 1/30/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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