Florida Statutes 943.0581
Juveniles & Adults: Under this section juveniles or adults who have been wrongfully arrested may, under this section have that record of arrest sealed or expunged; Either at the request of the arresting agency or by the individual his parent or guardian with the endorsement of the arresting agency or local prosecutors office. What is important is that this expunction can be performed regardless whether the individual seeking an expunge has a prior record of adjudications as long as the arrest in question did not result in a plea or judgment of guilt. The arrest must have been either due to mistaken identity or an arrest contrary to law, which can be interpreted as an arrest that was based upon evidence that was incorrect or mistaken so much so that either the arresting agency or the State Attorneys Office indicates that the arrest should not have been made in the first place. This is referred to as an endorsement by the appropriate agency. There must be uncontroverted or clear evidence that the victim(s) was lying, mistaken identification or where further investigation of the evidence clearly shows there was a mistake in the criminal charges.
Administrative expunction application are decided on a case by case basis and the Florida Department of Law Enforcement expunction Quality Control section decides which cases qualify for this type of expunction at their discretion.
