PETITION TO EXPUNGE A CRIMINAL RECORD
Petitioner, JOHN FICTITIOUS, by and through the undersigned attorney and pursuant to Rule 3.692, Florida Rules of Criminal Procedure, and Section 943.0585, Florida Statutes, hereby petitions this Honorable Court to expunge all criminal history record information in the custody of any criminal justice agency and the official records of the Court concerning the above-captioned case, including, but not limited to, (i) any and all records of Petitioner’s arrest, citation, or notice to appear, and (ii) any and all records pertaining to Petitioner’s case. In support thereof, Petitioner states as follows:
- On or about June 20, 2015, Petitioner, a male whose date of birth is August 19, 1991, was arrested or cited by the University of West Florida Police Department in connection with the charge of Battery (M1).
- On or about July 22, 2015, the State of Florida, upon the filing of a Notice of No Information, dropped/abandoned all charges brought against Petitioner.
- No indictment, information, or other charging document was filed or issued in Petitioner’s case, or, if one was issued in the case, said indict, information, or other charging document was dismissed or nolle prosequi by the Office of the State Attorney, or was dismissed by a court of competent jurisdiction.
- The conduct for which Petitioner was charged is not a disqualifying offense under Section 943.0585, Florida Statutes.
- Petitioner has remitted all required processing fees and has submitted to the Florida Department of Law Enforcement a complete Application for Certification of Eligibility to Expunge a Criminal Record, which included a certified copy of the disposition of the above-described charge.
- Petitioner has never been adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which this Petition pertains.
- Petitioner has never been adjudicated guilty of a criminal offense or a comparable ordinance violation, nor adjudicated delinquent for committing a felony or a misdemeanor specified in Section 943.051(3)(b), Florida Statutes.
- Petitioner has not secured a prior records expunction or sealing under Sections 943.0585 or 943.059, Florida Statutes, former Section 943.058, Florida Statutes, former Section 894.14, Florida Statutes, or former Section 901.33, Florida Statutes, or any other law, rule, or authority of any state or jurisdiction.
- Petitioner is not and was never placed on court supervision with regard to the above-captioned case.
- A valid Certificate of Eligibility to Petition for an Expunge Order, issued by the Florida Department of Law Enforcement, accompanies this Petition.
- A sworn statement by Petitioner meeting the requirements of Section 943.0585, Florida Statutes, accompanies this Petition.
WHEREFORE, Petitioner, JOHN FICTITIOUS, respectfully moves this Court to expunge Petitioner’s criminal history record information with regard to the above-described case and matters.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, in accordance with Section 943.0585(3)(a), Florida Statutes, and Rule 3.692, Florida Rules of Criminal Procedure, a true copy of the foregoing has been furnished to the Office of the State Attorney, Orlando, Orange County, Florida, and the University of West Florida Police Department, 3610 University Drive, Pensacola, Florida 32501 by U.S. or electronic mail on this 9th day of August, 2018.