Fla. R. Crim. P. 3.9895

(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