Florida Rule of Criminal Procedure 3.9895
RULE 3.9895 HUMAN TRAFFICKING: SWORN STATEMENT;
PETITION; AND ORDER TO EXPUNGE OR SEAL
RECORDS
(a) Petition to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.693 and section 943.0583, Florida Statutes,
to expunge all criminal history record information in the custody of
any criminal justice agency and the official records of the court
concerning the petitioner’s arrest and/or conviction on
.....(date(s))....., by .....(arresting agency and/or prosecuting
authority)....., for .....(charges and/or offenses)....., and as grounds
therefor shows:
1. On .....(date(s))....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)..... or was convicted by .....(name of prosecuting
authority)..... of .....(offenses)......
2. The petitioner has been the victim of human trafficking,
as discussed in section 787.06, Florida Statutes, and has
committed, or is reported to have committed, an offense, other than
those offenses listed in section 775.084(1)(b)1, Florida Statutes,
which was committed, or reported to have been committed, as a
part of a human trafficking scheme of which he/she was the victim
or at the direction of an operator of the scheme as evidenced by the
attached official documentation of his/her status, or may be shown
by clear and convincing evidence presented to the Court.
WHEREFORE, the petitioner moves to expunge any criminal
history record information and any official court records regarding
his/her arrest and/or conviction by .....(arresting agency and/or
name of prosecuting authority)....., for .....(charges and/or
offenses)....., on .....(date(s))......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; and ....................
(Sheriff of county in which defendant was arrested, if different); on
.....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Personally known ………. or produced identification ……….
Type of identification procedure ………..
My commission expires:
(b) Sworn Statement in Support of Petition; Human
Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT/HUMAN TRAFFICKING VICTIM
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have been the victim of human trafficking, as discussed
in section 787.06, Florida Statutes, and have committed, or was
reported to have committed, an offense, other than those offenses
listed in section 775.084(1)(b)1, Florida Statutes, which was
committed, or reported to have been committed, as a part of a
human trafficking scheme of which I was the victim or at the
direction of an operator of the scheme.
3. I was arrested and/or convicted on .....(date(s))....., by
.....(arresting agency and/or name of prosecuting authority)......
4. I am eligible for the relief requested, to the best of my
knowledge and belief.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(c) Order to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date
upon a petition to expunge certain records of the petitioner’s arrest
and/or conviction on .....(date(s))....., by .....(arresting agency
and/or name of prosecuting authority)....., for .....(charges and/or
offenses)....., and the court having heard argument of counsel and
being otherwise fully advised in the premises, the court hereby finds
the following:
The petitioner has been the victim of human trafficking, as
discussed in section 787.06, Florida Statutes, and has committed
an offense, or is reported to have committed, other than those
offenses listed in section 775.084(1)(b)1, Florida Statutes, which
was committed, or reported to have been committed, as a part of a
human trafficking scheme of which he/she was the victim, or at the
direction of an operator of the scheme. A conviction expunged
under this section is deemed to have been vacated due to a
substantive defect in the underlying criminal proceedings.
Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.693; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest,
conviction, or criminal history record information regarding the
arrest, conviction, or alleged criminal activity to which this petition
pertains in accordance with the procedures set forth in section
943.0583, Florida Statutes, and Florida Rule of Criminal Procedure
3.693.
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
Committee Notes
2019 Amendment. Rule 3.9895 was previously a part of rule
3.989.
PETITION; AND ORDER TO EXPUNGE OR SEAL
RECORDS
(a) Petition to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned
attorney, petitions this honorable court, under Florida Rule of
Criminal Procedure 3.693 and section 943.0583, Florida Statutes,
to expunge all criminal history record information in the custody of
any criminal justice agency and the official records of the court
concerning the petitioner’s arrest and/or conviction on
.....(date(s))....., by .....(arresting agency and/or prosecuting
authority)....., for .....(charges and/or offenses)....., and as grounds
therefor shows:
1. On .....(date(s))....., the petitioner, ...................., a
.....(race/sex)....., whose date of birth is .....(date of birth)....., was
arrested by .....(arresting agency)....., and charged with
.....(charges)..... or was convicted by .....(name of prosecuting
authority)..... of .....(offenses)......
2. The petitioner has been the victim of human trafficking,
as discussed in section 787.06, Florida Statutes, and has
committed, or is reported to have committed, an offense, other than
those offenses listed in section 775.084(1)(b)1, Florida Statutes,
which was committed, or reported to have been committed, as a
part of a human trafficking scheme of which he/she was the victim
or at the direction of an operator of the scheme as evidenced by the
attached official documentation of his/her status, or may be shown
by clear and convincing evidence presented to the Court.
WHEREFORE, the petitioner moves to expunge any criminal
history record information and any official court records regarding
his/her arrest and/or conviction by .....(arresting agency and/or
name of prosecuting authority)....., for .....(charges and/or
offenses)....., on .....(date(s))......
I HEREBY CERTIFY that a true and correct copy of the
foregoing pleading has been served on .....(name of prosecuting
authority)....., (check one) ..... State Attorney for the .......... Judicial
Circuit, in and for .................... County, ..... Special Prosecutor, .....
Statewide Prosecutor; .....(arresting agency).....; and ....................
(Sheriff of county in which defendant was arrested, if different); on
.....(date)......
Name:
Address:
City/State:
Telephone Number:
E-mail Address:
Fla. Bar No.:
Personally known ………. or produced identification ……….
Type of identification procedure ………..
My commission expires:
(b) Sworn Statement in Support of Petition; Human
Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
SWORN STATEMENT/HUMAN TRAFFICKING VICTIM
State of Florida
County of
I, .....(name of defendant/petitioner)....., am the
defendant/petitioner in the above-styled cause and I do hereby
swear or affirm that:
1. I fully understand the meaning of all of the terms of this
sworn statement.
2. I have been the victim of human trafficking, as discussed
in section 787.06, Florida Statutes, and have committed, or was
reported to have committed, an offense, other than those offenses
listed in section 775.084(1)(b)1, Florida Statutes, which was
committed, or reported to have been committed, as a part of a
human trafficking scheme of which I was the victim or at the
direction of an operator of the scheme.
3. I was arrested and/or convicted on .....(date(s))....., by
.....(arresting agency and/or name of prosecuting authority)......
4. I am eligible for the relief requested, to the best of my
knowledge and belief.
Petitioner
Sworn to and subscribed before me on .....(date)......
NOTARY PUBLIC, or other
person authorized to
administer an oath
Printed, typed, or stamped
commissioned name of Notary
Public
Personally known .......... or produced identification ...........
Type of identification produced ....................
My commission expires:
(c) Order to Expunge; Human Trafficking Victim.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Case No.:
Division
State of Florida, )
)
Plaintiff, )
)
v. )
)
,)
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date
upon a petition to expunge certain records of the petitioner’s arrest
and/or conviction on .....(date(s))....., by .....(arresting agency
and/or name of prosecuting authority)....., for .....(charges and/or
offenses)....., and the court having heard argument of counsel and
being otherwise fully advised in the premises, the court hereby finds
the following:
The petitioner has been the victim of human trafficking, as
discussed in section 787.06, Florida Statutes, and has committed
an offense, or is reported to have committed, other than those
offenses listed in section 775.084(1)(b)1, Florida Statutes, which
was committed, or reported to have been committed, as a part of a
human trafficking scheme of which he/she was the victim, or at the
direction of an operator of the scheme. A conviction expunged
under this section is deemed to have been vacated due to a
substantive defect in the underlying criminal proceedings.
Whereupon it is
ORDERED AND ADJUDGED that the petition to expunge is
granted. All court records pertaining to the above-styled case shall
be sealed in accordance with the procedures set forth in Florida
Rule of Criminal Procedure 3.693; and it is further
ORDERED AND ADJUDGED that the clerk of this court shall
forward a certified copy of this order to the (check one) ..... state
attorney, ..... special prosecutor, ..... statewide prosecutor, .....
.....(arresting agency)....., and the Sheriff of .........................
County, who will comply with the procedures set forth in section
943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further
forward a copy of this order to any agency that their records reflect
has received the instant criminal history record information; and it
is further
ORDERED AND ADJUDGED that .....(arresting agency).....
shall expunge all information concerning indicia of arrest,
conviction, or criminal history record information regarding the
arrest, conviction, or alleged criminal activity to which this petition
pertains in accordance with the procedures set forth in section
943.0583, Florida Statutes, and Florida Rule of Criminal Procedure
3.693.
DONE AND ORDERED in Chambers at .................... County,
Florida, on .....(date)......
Circuit Court Judge
Committee Notes
2019 Amendment. Rule 3.9895 was previously a part of rule
3.989.