Appying for a Juvenile Diversion Expungement

The following requirements must be met, pursuant to Section 943.0582, Florida Statutes(F.S.), in order to obtain a juvenile diversion expungement of a criminal history record. A juvenile diversion expungement will not prevent you from applying for and obtaining a court-ordered sealing or expungement under Section 943.059 or Section 943.0585, F.S.

Eligibility for a juvenile diversion expungement is conditioned upon the successful completion of a diversion program authorized by Section 985.3065, F.S., in which the applicant’s participation was based on an arrest for a misdemeanor. You should also be aware that the term “expunction” as used in Section 943.0582, Florida Statutes, differs significantly in operation and effect from the term “expunction” as used in 943.0585, F.S.
 
As of July 1, 2016, the requirement to submit the application within 12 months after completion of the diversion program has been repealed.  There is no longer a deadline for submitting the application.

All of the items listed below are required at the time the application is submitted. If an item is missing or incomplete, the entire application packet will be returned unprocessed. Applications are processed in the order in which they are received in full. The application, fingerprints and certified disposition must be received within one year of the earliest signature.
 
 
  • Application – You may obtain an application for the Juvenile Diversion Expungement by downloading the application (Download Seal/Expunge Package), or by emailing the FDLE Expunge Section at Seal-Expunge@fdle.state.fl.us, and requesting an application be sent to you.
    • Section A - Section A of the application must be completed and signed by the applicant and parent/guardian (if under 18 years of age) in the presence of a Notary Public or a Deputy Clerk of the Court.
     
    • Section B – The prosecuting attorney (from the Office of the State Attorney or Statewide Prosecutor for the county in which the diversion program was completed) must complete Section B, certifying the applicant has successfully completed a juvenile diversion program that allows for expungement of the record upon completion, as authorized by Section 943.0582, F.S.

  • Fingerprints - An FDLE fingerprint form, FD 40-024, is supplied within the application packet. A fingerprint card may be used in place of the fingerprint form. Fingerprints must be taken by a member of a law enforcement or criminal justice agency. The fingerprint form/card must include the applicant’s name, race, sex, date of birth, agency ORI, signatures (applicant and official taking fingerprints) and social security number*.

    *FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is your option; however, failure to provide your SSN may result in a delay in processing your application or request. If you provide your SSN, FDLE will use it for purposes of identification, and may disclose the information to other agencies for the same purpose pursuant to Section 119.071(5)(a)2.b., F.S. FDLE's request for your SSN is authorized by state law, Section 119.071(5)(a)2.a.II, F.S., because it is imperative for the performance of FDLE's duties and responsibilities.
 
  • Processing Fee – Effective July 1, 2018, the fee for the juvenile diversion expunction application has been removed from statute. 
Special Note: It is highly recommended that you obtain and keep a copy of all pertinent documents (i.e., arrest report, disposition, and order to expunge or seal) for your records before you secure the sealing or expungement of your criminal history records. Once a record has been expunged under Section 943.0585, F.S., it is no longer available to be disseminated to anyone (including the subject of the record), under any circumstances, absent a court order so authorizing. FDLE, as well as any other state or local agency, is statutorily prohibited from releasing copies of court-ordered expunged records. FDLE may only release a copy of an expunged record upon receipt of a court order. 


Generally, juvenile records are confidential and exempt from public release.  FDLE’s limited authority to release juvenile records can be found in Section 943.053(3)(b)1, Florida Statutes.  The statute authorizes FDLE to release juvenile criminal history information from Florida sources only when the juvenile has been:
 
  1. Taken into custody by a law enforcement officer for a violation of law which, if committed by an adult, would be a felony; or
  2. Charge with a violation of law, which if committed by an adult, would be a felony; or
  3. Found to have committed an offense, if committed by an adult, would be a felony; or
  4. Transferred to adult court.
Juvenile records that have been expunged or sealed are not subject to public release.


Download Application for a Juvenile Diversion Expungement
Reasons for Denial of Juvenile Diversion Expungement