THE
CHILDREN’S
CAMPAIGN
iamforkids.org
Expunction of Juvenile Records
HB 147 & SB 386
FACTS AT A GLANCE
Florida’s Expunction Laws Are Out of Step With Juvenile Justice Policy
Florida laws regarding eliminating juvenile records aren’t aligned with current juvenile justice
policy and practices. In fact, expunction laws haven’t been updated since 1994. They work against
DJJ’s current prevention focus. Most juvenile records for non-serious crimes aren’t expunged
until age 24. Surprisingly, these delays occur even if charges are dropped, reduced, or the youth
was found not guilty. Until a record is expunged, a youth cannot lawfully deny being arrested on
job, education and housing applications. The stigma of an arrest punishes children well into
adulthood for youthful mistakes.
Expunction of Juvenile Records: FACTS AT A GLANCE
Solutions
Impact
Not Aligned with DJJ Prevention Focus:
Florida’s expunction laws haven’t been updated since
1994 and work against DJJ’s new prevention focus.
Punished into Adulthood for Youthful
Misbehaviors:
By the time a youth’s arrest record is expunged at age
24, many doors of opportunity for jobs, education,
housing and military careers are closed to them.
Justice Imbalance Based on Financial Status:
Although youth can petition to have their records
expunged, the process often requires attorneys and
court fees, which is financially out of reach for many
families. This creates an imbalance of justice between
children of differing financial status.
Complicated Bureaucracy:
Youth and their parents are often surprised that juvenile
records aren’t expunged automatically upon completing
a diversion program. Many are also not informed of
additional paperwork that must be completed within a
one-year time limit. Once that time limit passes,
expunction isn’t possible until age 24 at the earliest.
Scope
In the past five years, 420,516 Florida juveniles were
arrested. By lowering the expunction age to 21, over
48,000 juveniles would no longer have to “check the
box” on applications affirming they have a criminal
record.1 That is equivalent to the student body of
University of South Florida. 2

Implement reforms to automatically
expunge records when charges were
dismissed, were not substantiated by
the court or upon completion of a
diversion program.

Reduce the age of automatic
expunction from 24 to 21, which
brings public records laws in line with
Florida’s current juvenile justice
policy.

Juvenile expunction should be treated
separately from adult expunction in
legislation since best practices for
adults and juveniles are different.
Costs
According to FDLE, lowering agerelated expunction to age 21 would
cost only $20,0003 for a one-time
programming of their computers.
References
1 FDLE Public Records Request
2 Florida Department of Juvenile Justice
Dashboard
3 Florida Department of Law Enforcement
Analysis of The Children’s Campaign
Legislative Proposal
111 S. Magnolia Drive, Suite 4, Tallahassee , FL 32301
[email protected] Phone: (850)-425-2600