Expunge Petition

So, talking about sealing or expunging criminal records is fun, but what do these documents actually look like?   Well, some of the documents you're not seeing here are the notarized Application for Eligibility, the Fingerprint Card, the certified copy of the case disposition, and the Order Granting Petition to Expunge. 

An example of a Petition to Expunge is listed below, as well as the Affidavit that must be filed along with the Petition.  A Petition to Seal would look exactly the same as the Petition to Expunge, except, replace the term "expunge" with "seal."  Enjoy.

IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, CRIMINAL  JUSTICE DIVISION, IN AND FOR                                                 ORANGE COUNTY, FLORIDA

CASE NO.  48-2010-MM-1234-O
DIVISION  91

STATE OF FLORIDA,

Plaintiff,

vs.

STEVE JONES,

Defendant.
                                                           /


PETITION TO EXPUNGE RECORDS

COMES NOW the Defendant, STEVE JONES, by and through the undersigned attorney, and moves this Court, pursuant to Rule 3.130(d)(e), Florida Rules of Criminal Procedure, to Expunge the record in this cause.  In support thereof, the Defendant states as follows:
1.  That on February 1, 2010, the Defendant, Steve Jones, was arrested for Possession of Cannabis under 20 grams,Possession of Drug Paraphernalia, Petit Theft, and Driving Under the Influence (DUI). 
2.  That on May 1, 2010, the Honorable Judge dismissed all charges.
3   That the Defendant has not been adjudicated guilty of any of the charges stemming from this case or alleged criminal activities. 
4. That the Defendant has not secured a prior records expunction or sealing under this Section, former Section 893.14 or former Section 901.33.
5.  That a Certificate of Eligibility to Petition for an Expunge Order has been obtained from the Florida Department of Law Enforcement as required by Florida Statute 893.14 for the case and the original of such certificate is attached to the original Petition to Expunge filed with the Clerk of the Court.
6.  That Petitioner’s excellent employment history and good reputation has been tarnished and jeopardized by the accusations underlying this case, and that  Mr. Jones is completing his bachelors degree in Nursing at the University of Central Florida, and therefore in the interest of justice this case should be expunged.  Mr. Jone’s advancement opportunities in the nursing job market have been harmed and jeopardized by this case.     

                       WHEREFORE, the Defendant, Steve Jones, moves this Honorable Court to Expunge any criminal history record information reference the arrest of February 1, 2010, and reference this incident, in the instant case by the Orange County Sheriff’s Office for the charges listed above.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by mail/hand delivery to the Orange County Sheriff’s Office, 2500 W. Colonial Dr, Orlando, and the Office of the State Attorney, 415 North Orange Avenue, Orlando, Florida; this the ____th  day of _______, 2010.
              
THE LAW FIRM OF JOHN GUIDRY, P.A.

       

________________________________
JOHN P. GUIDRY II, Esquire
Florida Bar No. 0990086
320 N. Magnolia Ave.
Suite B-1
Orlando, Florida  32801
(407) 423-1117
Facsimile: (407) 423-1118
Attorney for Steve Jones


AFFIDAVIT TO BE FILED WITH PETITION TO EXPUNGE


IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, CRIMINAL  JUSTICE DIVISION, IN AND FOR                                                 ORANGE COUNTY, FLORIDA

CASE NO.  48-2010-MM-1234-O
DIVISION  91

STATE OF FLORIDA,

Plaintiff,

vs.

STEVE JONES,

Defendant.
                                                           /
AFFIDAVIT

STATE OF FLORIDA

COUNTY OF ORANGE

I, Steve Jones, am the Defendant is the above-styled cause and I do hereby swear and affirm that I have never been adjudicated guilty of a criminal offense or a comparable ordinance violation, and I have frankly discussed this with my counsel in depth and he has explained to me the meaning of all the terms in this affidavit.
1.  That I have never been previously adjudicated guilty of a criminal offense or comparable ordinance violation.
2.  That I was arrested on or about February 1, 2010, on charges of Possession of Cannabis under 20 grams, Possession of Drug Paraphernalia, Petit Theft, and Driving Under the Influence (DUI).  I have not been adjudicated guilty of the charges stemming from this arrest, or alleged criminal activities to which this Petition pertains.
3.  That I have never secured a prior records expunction or sealing under any law, nor from any other jurisdiction outside of this state, nor have any such matters pending.
4.  To the best of my knowledge and belief, I am eligible for such a sealing.


____________________________________
STEVE JONES
Defendant/Petitioner

STATE OF    ___________________
COUNTY OF ___________________

BEFORE ME, the undersigned authority, appeared Steve Jones, well known to me, or who produced the following as identification ___________________________________ and known to me to be the person described herein and who executed the foregoing instrument and acknowledged to and before me that the facts contained in the foregoing affidavit are true and correct.
Witness my hand and seal this _____ day of _________________, 2010.


_________________________
NOTARY PUBLIC
My commission expires:


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