Applying for Lawful Self-Defense Expungement

The following requirements must be met, pursuant to Section 943.0585(5), Florida Statutes (F.S.), in order to obtain a lawful self-defense expungement of a criminal history record.

Eligibility for a lawful self-defense expungement under Section 943.0585(5), requires that no information, indictment or other charging document was filed, or if it was filed, was dismissed by the prosecuting attorney or by the court, based on a finding that the applicant acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, F.S. Do not use this application for any other charges not so disposed, or for any other form of expungement.
 
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 Lawful Self-Defense 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 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 having jurisdiction) must complete Section B, certifying the charge or charges to be expunged were dismissed “because it was found that the person acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, 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 – A NONREFUNDABLE check, money order or cashier’s check for $75.00 made payable to FDLE must accompany the application. FDLE does not accept cash, gift cards or other payment types. Payment must be received by the listed expiration date or one year from date listed on the payment, whichever is sooner.
 
Effective July 1, 2016, the fee will be waived for individuals who were in out-of-home care at the time of the criminal offense, who are seeking to seal or expunge a record, if they provide a copy of their Shelter Order with their application.
 
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. 
 
Download Application for Lawful Self-Defense Expungement