Fill Out Your 40 021 Form

What is the FDLE 40-021 form used for?

The FDLE 40-021 form is an application for individuals seeking to have their criminal history records sealed or expunged in Florida. This form must be submitted to the Florida Department of Law Enforcement (FDLE) as part of the process to obtain a Certificate of Eligibility. This certification is a necessary step before submitting a request to the court for sealing or expunging criminal records.

Who is eligible to file this form?

Eligibility to file the FDLE 40-021 form depends on certain requirements outlined in Florida law. Generally, individuals who have not been adjudicated guilty of a felony or specific misdemeanors may qualify. Additionally, if prior expunction or sealing of a criminal record exists, the new application may be denied. Each case is different, so reviewing the eligibility criteria before submission is crucial.

What information is required on the form?

The form requires various personal details, including your full name, date of birth, social security number, and arrest information. You must also specify whether you are applying to expunge or seal your records. Furthermore, Section B of the form is specific to applications for expunction, which requires input from the State Attorney or Statewide Prosecutor.

What happens if my application is incomplete?

If your application is incomplete, it may result in delays or rejections. To avoid these issues, ensure all required sections of the form are filled out completely. Also, include all necessary documentation and the non-refundable processing fee. Missing information could lead to the FDLE rejecting your application, so it is essential to review your submission thoroughly.

How long is the Certificate of Eligibility valid?

The Certificate of Eligibility issued following a successful application on the FDLE 40-021 form is valid for 12 months. If you do not file your petition for expunction or sealing within that time frame, you will need to submit a new application to obtain another certificate.

Filling out the 40 021 form, essential for applying for the certification of eligibility to expunge or seal criminal history records in Florida, can seem daunting. Many applicants make critical mistakes that jeopardize their efforts. Understanding these common pitfalls can spare applicants unnecessary delays or denials.

One frequent mistake is failing to fully complete all sections of the form. Applicants often overlook minor details or leave blank spaces, believing they aren’t mandatory. However, **every part of the form is vital**. If information is missing, the Florida Department of Law Enforcement (FDLE) may reject the entire application. Ensuring that each section is carefully filled out can be the difference between success and failure.

Another common error occurs with notarization. Many applicants assume that their signatures do not require notarization, but this is not the case. The signature as the applicant must be notarized, and it's critical that the notary’s details are accurate. Missing or incorrect notarization will result in significant processing delays. Ignoring this detail can derail an application completely, making it essential to double-check this requirement.

Providing incorrect or incomplete arrest information is another key mistake. Applicants sometimes fail to include all dates of arrest or provide details that do not match official records. The FDLE cross-verifies this information, and any discrepancies could lead to denials. Keeping a personal record of arrests can aid in ensuring that the application is consistent and accurate.

A further misstep involves payment issues. The application requires a non-refundable processing fee of $75. Yet, applicants sometimes send in checks without confirming they are valid or forget to include payment altogether. Submitting an application without the fee not only delays processing but also leads to outright rejection. Therefore, checking the payment method prior to submission is crucial.

In addition, many applicants neglect to include necessary supporting documents. For instance, certified copies of final dispositions or proof of completion of diversion programs are essential. Failing to provide these documents can lead to delays in processing or result in the application being denied. Familiarizing oneself with all required documents before submitting can save considerable time and hassle.

Lastly, some individuals mistakenly overlook the validity period of the certificate of eligibility. It’s important to note that this certificate is only valid for 12 months. If it expires, a new application must be filed. Applicants often misunderstand this timeframe, which can lead to further complications down the road. Keeping track of deadlines is vital to ensure timely processing.

By understanding and avoiding these common mistakes, applicants can increase their chances of successfully navigating the expunction or sealing process. Careful attention to detail transforms the daunting task of completing the 40 021 form into a straightforward and manageable process.

The Form 40 021 is a key document used for applying to expunge or seal criminal records in Florida. Along with this form, several other documents may be required to support the application. Each document serves a specific purpose within the process. Below is a list of these commonly used forms and documents.

• Certificate of Eligibility: This document issued by the Florida Department of Law Enforcement confirms that an individual is eligible for record expungement or sealing based on their criminal history.
• Fingerprint Card: A completed fingerprint form is necessary to ensure that the identity of the applicant is verified. This card must be submitted along with the application.
• Final Disposition Documents: Certified copies of the final outcomes for all charges listed in the application are required. These can usually be acquired from the Clerk of Courts.
• Termination of Probation Document: If the applicant was placed on probation for any charges, proof of the termination of that probation must also be included with the application.
• Notice to Appear: If an individual received a notice to appear instead of being arrested, this document should be indicated on the application as the date of arrest.
• State Attorney's Completeness Statement: For expunction applications, Section B of the 40 021 must be completed by the State Attorney or Statewide Prosecutor verifying eligibility.
• Personal Review Request (Optional): Applicants may choose to review their criminal history before submitting the application, although this step is not mandatory.
• Payment Receipt: A receipt or proof of payment for the non-refundable processing fee is needed to show that the application fee has been submitted.
• Letter of Completion for Diversion Programs: Applicants who completed diversion programs may need to submit a certified letter from the State Attorney or Statewide Prosecutor confirming completion.

These documents collectively support the 40 021 form, providing necessary information to facilitate an effective review of the application for expungement or sealing. Submitting a complete and accurate application with all required documentation is essential for a successful outcome.

• Form I-485: The Form I-485, Application to Register Permanent Residence or Adjust Status, allows individuals to apply for a green card. Similar to the 40 021 form, it collects personal information and requires notarization, showcasing the applicant's eligibility for a significant legal status change.
• Form N-400: This is the Application for Naturalization. Like the 40 021 form, it requires detailed personal information and background checks to ensure eligibility for citizenship. The form also necessitates an oath, confirming the applicant’s commitment to the laws of the U.S.
• Form I-130: The I-130 form, Petition for Alien Relative, is used to establish a relationship with a foreign relative who wishes to immigrate. It shares similarity with the 40 021 form as both require a thorough collection of information to determine eligibility based on specific legal criteria.
• Form DS-11: This is the application for a new U.S. passport. It, too, necessitates detailed personal information, a signature, and often a notarized witness to confirm identity, much like the requirements of the 40 021 form.
• Form 1040: The IRS Form 1040, used for filing an individual’s annual income tax return, collects extensive personal data. Similarly, the 40 021 form captures information necessary for accurately assessing legal eligibility.
• Form 6: The Voter Registration Form (Form 6) collects personal data to register voters. Like the 40 021 form, it facilitates a process that requires a clear affirmation of the applicant's identity and eligibility to participate in civic duties.
• VA Form 21-526: This application for disability compensation benefits from the Department of Veterans Affairs requires extensive personal and service-related information, similar to the comprehensive nature of the information requested in the 40 021 form.
• Form 1099: The 1099 form, used to report various types of income other than wages, requires identifying information. This is akin to the documentation needed in the 40 021 form to certify eligibility and support the stated claims.
• Form SF-86: This is the Questionnaire for National Security Positions, which collects extensive background information to assess eligibility for security clearance. Both this form and the 40 021 require full disclosure of personal history to determine eligibility for critical status or benefits.

• Do complete every section of the 40 021 form. Ensure that all required information is provided, as incomplete applications may be rejected.
• Do type or print all information clearly, except for signatures. This helps avoid misunderstandings or errors in your application.
• Do submit a non-refundable processing fee of $75.00. Ensure the payment is made via money order or cashier’s check addressed to the Florida Department of Law Enforcement.
• Do include all necessary documentation, such as certified copies of final dispositions for your charges. This will aid in the quick processing of your application.
• Don’t forget to have your signature notarized. This step is essential for your application to be considered valid.
• Don’t use any unofficial fingerprinting forms. Ensure that the appropriate FDLE fingerprint form is utilized and completed by authorized personnel.
• Don’t apply without first checking your eligibility. Be aware of any disqualifying charges that could affect your application status.

Here are eight common misconceptions about the 40 021 form, which pertains to the process of applying for expungement or sealing of criminal records in Florida. Understanding these misconceptions is vital for applicants seeking to navigate this complex process.

• All criminal records can be expunged immediately. Many believe that they can expunge their record right away. However, certain conditions must be met, including waiting periods and eligibility criteria.
• Submitting the 40 021 form guarantees expungement. While the form is a crucial step, a certificate of eligibility must be issued before any court action for expungement can take place.
• If my case was dismissed, I am automatically eligible for expungement. Dismissal of charges does not always guarantee eligibility. Other factors, such as previous convictions, are significant in determining eligibility.
• I can apply for expungement without the assistance of a lawyer. While legal representation is not mandatory, navigating the application process can be complex. Seeking legal assistance can help ensure all necessary steps are completed correctly.
• The 40 021 form is only for first-time offenders. This is inaccurate. Individuals with prior arrests or convictions may also be eligible, depending on the nature of those cases and their outcomes.
• My expungement application will be processed quickly. The processing time can vary significantly. Applicants should expect potential delays based on caseloads at the Florida Department of Law Enforcement.
• All types of charges can be expunged regardless of severity. Certain serious offenses, such as violent crimes and sexual offenses, are disqualifying for expungement. It’s essential to know which offenses are eligible.
• Once expunged, the record is entirely erased and cannot be accessed. While expunged records are generally not accessible to the public, some entities, such as law enforcement, may still have access under specific circumstances.

Awareness of these misconceptions can help individuals better prepare for the application process and set realistic expectations.

• The 40 021 Form must be accurately completed, including all required sections. Ensure that all information is typed or printed clearly, especially your name, address, and social security number.

• You need to provide certified copies of final dispositions for each charge listed. These documents can typically be obtained from the Clerk of Courts in the relevant county.

• A processing fee of $75.00 is mandatory. This payment must be included with your application, typically in the form of a money order or cashier's check made out to the Florida Department of Law Enforcement.

• If applying for expunction, ensure that Section B of the form is completed by the relevant State Attorney or Statewide Prosecutor.

• Fingerprinting is a required step. A fingerprint form must be completed by authorized personnel and submitted with your application.

• Keep in mind that a certificate of eligibility is only valid for 12 months. If more time is needed to submit a court request for sealing or expunction, a new certificate must be applied for.