Any questions concerning expungements should be made to the FDLE Phone # 850-410-7870. You may obtain the packet and instructions for the Court forms from our website www.okaloosaclerk.com,click on Department, Select Customer Service, then Seal/Expunge. There is no fee for the packet when you download it from our site. Specific information for pro se filers can find information at https://okaloosaclerk.com/wp-content/uploads/Expungement-Sealing-Unit-Instructions-for-Self-Represented-Litigants.pdf.
NOTE: Non-Criminal Traffic tickets may not be expunged
INSTRUCTIONS FOR SEALING/EXPUNGING AN ADULT OR JUVENILE CRIMINAL COURT RECORD. NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY
This package is designed to help persons seeking to represent themselves in court without the assistance of an attorney. It is meant to be a guide only.
The Clerk of the Circuit Court cannot assist you in the filing of your application for sealing or expungement of your criminal history records. You may wish to contact an attorney to assist you in this complex procedure. If you choose to represent yourself, you may want to research the Florida Statutes and the Rules of Criminal Procedure, which govern expungement or sealing of criminal records.
You must have the original Certificate of Eligibility from FDLE to file the Petition to Expunge or Seal. Note: The certificate is valid for one year from the date stamped on the certificate by FDLE.
A. Florida Department of Law Enforcement (FDLE) Certificate of Eligibility Packet.
1. Obtain this packet from FDLE or the Clerk’s Office, and complete the form and fingerprint card.
2. Know the date of arrest, address at the time of arrest, arresting charge(s), arresting agency, and arresting case number.
3. Obtain a certified copy of the Final Disposition (Judgment and Sentence) in your case from the Clerk’s Office.
The cost for this copy is not included in the Clerk’s filing fee.
4. Ask the State Attorney’s Office to complete Section B of the Application for Certificate of Eligibility.
State Attorney’s Office: (Shalimar) 1-B 9th Avenue, Shalimar, FL 32579 (850-651-7260)
(Crestview) 151 Cedar Street, Crestview, FL 32536 (850-689-5688)
5. Submit this packet, along with a $75.00 money order or cashier’s check to FDLE, Special Services Bureau, Attn: Expunge Processing, P. O. Box 1489, Tallahassee, FL 32302.
B. Once you receive your certificate from FDLE, you will file the court forms: Petition to Seal or Expunge, Affidavit and Proposed Order
1. Obtain these forms from the Clerk’s Office via the self-help forms link. Sign the petition/affidavit in the presence of a notary public or deputy clerk. A photo ID is required. On the proposed order, fill in your name, case number, current mailing address, and telephone number.
2. Complete all documents as thoroughly as possible; the Clerk’s Office cannot complete these forms for you or correct any errors. Please understand that incomplete documents sent to the judge could result in a delay or possible denial of the petition.
3. Send copies of these forms, and a copy of the Certificate of Eligibility (received from FDLE), to the Okaloosa County State Attorney’s Office. (See below instructions)
4. File your original Petition to Seal or Expunge, the affidavit, the proposed order, and the original Certificate of Eligibility with the Clerk’s Office.
5. Please be aware that your seal or expunge request will not be processed without payment of the required $42.00 filing fee; certified funds (no personal checks). This does not include fees for copies of the judgment and sentence and seal/expunge packet. (if the FDLE certificate lists more than one case, there would be only one clerk filing fee.)
6. The Clerk’s Office will forward your paperwork to the judge. If you meet all statutory criteria for sealing or expunging a criminal record, the judge will seal or expunge your records by order. However, if you are participating in the Clerk’s payment program, all documents relating to your participation will remain open to the public until payment is made in full. All other aspects of your criminal record will be sealed or expunged pursuant to court order. Once full payment is made, you must notify the Clerk’s Office so that the payment program documents can be sealed or expunged.
7. The Clerk’s Office will send copies of the court order to you, the arresting agency, the State Attorney’s Office, the Okaloosa County Sheriff’s Office, and any other applicable parties associated with the case. This is done so that these agencies can take the necessary actions for sealing or expunging their own records.
Service on the State Attorney’s Office
A. Sections 943.0585 and 943.059, Florida Statutes, require a person seeking to seal or expunge a criminal history record to serve the State Attorney’s Office.
(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE—
(a) In judicial proceedings under this section, a copy of the completed petition to expunge shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency; however, it is not necessary to make any agency other than the state a party. The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge.
B. Make sure to provide the State Attorney Office with a copy of your petition before filing it with our office. For Okaloosa County, the address for the State Attorney’s Office is:
(Shalimar) 1-B 9th Avenue, Shalimar, FL 32579 (850-651-7260)
(Crestview) 151 Cedar Street, Crestview, FL 32536 (850-689-5688)
C. You should leave the Objection/Consent of Office of State Attorney to be completed and filed with the Clerk’s Office.
_______________________________________________________________________________________________
Defendant Name: _____________________________________________
Case Number: _____________________________________________
☐ The State Attorney’s Office will be filing a response to the Petition to Seal or Expunge.
☐ The State Attorney’s Office will not be filing a response to the Petition to Seal or Expunge.