Tomtom6:
I have a grand theft charge that was adjucated without guilt. I have a copy of a certificate of eligibility from FDLE From what I've read, I am now supposed to file a motion of relief and provide a copy to the state attorney. How do I file this motion and where can I locate the paperwork. I am trying to get my charge seald without having to involve a lawyer and associated fees.
Looks like the FDLE provides the forms and instructions for getting the certificate of eligibility but leaves you hanging after that.
http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx
With a little persistent googling I found the statutes on sealing and expunging:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.059.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0585.html
They tell you what you have to file with the court and what's supposed to be in it but doesn't provide a format.
A little more googling turned up a couple of websites with sample forms that you can modify for your local court.
http://www.formsworkflow.com/d71266.aspx
http://www.clerk.leon.fl.us/sections/clerk_services/online_forms/criminal/felony_seal.pdf
http://www.alachuaclerk.org/forms/ExpungementSealingPetition.pdf
They should give you enough to help you create a petition suitable for your own court.
Might check your criminal court's website to see if a preprinted form is available now that you know what it's called.
Hope that helps.
