11C-7.006: Procedures on Court-Ordered Expunctions
11C-7.007: Procedures on Court-Ordered Sealings
PURPOSE AND EFFECT: To implement housekeeping changes to the State Attorney’s Endorsement on FDLE form 40-021 Application for Certification of Eligibility.
SUMMARY: The amended rule simplifies the language in the State Attorney’s endorsement section of FDLE form 40-021 Application for Certification of Eligibility.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 943.03(4), 943.058(2), 943.059(2) FS.
LAW IMPLEMENTED: 943.0585, 943.059 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 6, 2010, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Louis Sloan at (850)410-7973 or louissloan@fdle.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Louis Sloan at (850)410-7973 or louissloan@fdle.state.fl.us, Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308
THE FULL TEXT OF THE PROPOSED RULE IS:
11C-7.006 Procedures on Court-Ordered Expunctions.
(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include:
(a) No change.
(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. December 2009 July 2006), incorporated here by reference, may be obtained from:
1. through 2. No change.
(c) through (e) No change.
(2) through (6) No change.
Rulemaking Specific Authority 943.03(4), 943.0585(2) 943.058(2) FS. Law Implemented 943.0585 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08,_______.
11C-7.007 Procedures on Court-Ordered Sealings.
(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application for the certificate of eligibility must include:
(a) No change.
(b) A completed Application for Certification of Eligibility. The subject should complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. December 2009 July 2006) and incorporated by reference) may be obtained from:
1. through 2. No change.
(c) through (d) No change.
(2) through (6) No change.
Rulemaking Specific Authority 943.03(4), 943.059(2) FS. Law Implemented 943.059 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08,_______.