Fla. R. Crim. P. 3.692

(a) Requirements of Petition.

(1) All relief sought by reason of sections 943.0585,

Florida Statutes, shall be by written petition, filed with the clerk.

The petition must be accompanied by:

(A) a valid certificate of eligibility issued by the

Florida Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting

that the petitioner:

(i) satisfies the eligibility requirement in

section 943.0585(1), Florida Statutes;

(ii) is eligible for an expunction to the best of

the petitioner’s knowledge; and

(iii) does not have any other petition to seal

or expunge a criminal history record pending before any court.

The completed petition, sworn statement, and certificate of

eligibility shall be served on the prosecuting attorney and the

arresting authority; however, it is not necessary to make any agency

other than the state a party.

(2) All relief sought pursuant to section 943.059,

Florida Statutes, shall be by written petition, filed with the clerk.

The petition must be accompanied by:

(A) a valid certificate of eligibility issued by the

Florida Department of Law Enforcement; and

(B) a sworn statement by the petitioner attesting

that the petitioner:

(i) satisfies the eligibility requirement in

section 943.059(1), Florida Statutes;

(ii) is eligible for a sealing to best of the

petitioner’s knowledge; and

(iii) does not have any other petition to seal

or expunge a criminal history record pending before the court.

The completed petition, sworn statement, and certificate of

eligibility shall be served on the prosecuting attorney and the

arresting authority; however, it is not necessary to make any agency

other than the state a party.

(b) State’s Response; Evidence. The prosecuting attorney

and arresting agency may respond to the petition and sworn

statement. The court may receive evidence on any issue of fact

necessary to rule on the petition.

(c) Written Order. If the petition is granted, the court shall

enter its written order so stating and further setting forth the

records and agencies or departments to which it is directed. Any

request for expunging or sealing of a criminal history record may be

denied at the sole discretion of the court. The court may not order a

criminal justice agency to expunge or seal a criminal history record

until the petitioner has applied for and received a certificate of

eligibility.

(d) Clerk’s Duties.

(1) On receipt of an order sealing or expunging non

judicial criminal history records, the clerk shall:

(A) furnish a certified copy thereof to each agency

or department named therein except the court;

(B) certify copies of the order to the appropriate

state attorney, or statewide prosecutor, and the arresting agency;

and

(C) certify a copy of the order to any other agency

that the records of the court reflect has received the criminal

history record from the court.

(2) In regard to the official records of the court,

including the court file of the cause, the clerk shall:

(A) remove from the official records of the court,

excepting the court file, all entries and records subject to the order,

provided that, if it is not practical to remove the entries and

records, the clerk shall make certified copies thereof and then

expunge by appropriate means the original entries and records;

(B) seal the entries and records, or certified copies

thereof, together with the court file and retain the same in a

nonpublic index, subject to further order of the court (see Johnson

v. State, 336 So. 2d 93 (Fla. 1976)); and

(C) in multi-defendant cases, make a certified copy

of the contents of the court file that shall be sealed under

subdivision (d)(2)(B). Thereafter, all references to the petitioner shall

be expunged from the original court file.

(e) Costs. Petitioner shall bear all costs of certified copies

unless petitioner is indigent.