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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be documented in writing and retained in the files of the state attorney or statewide prosecutor.
(2) Whenever a court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be recorded in an order or memorandum, which shall be retained in the court's records.
(3) Under either condition described in subsection (1) or subsection (2), the person accused may apply for a certificate of eligibility to expunge the associated criminal history record, pursuant to s. 943.0578, notwithstanding the eligibility requirements prescribed in s. 943.0585(1) or (2).
Cite this article: FindLaw.com - Florida Statutes Title XLVI. Crimes § 776.09. Retention of records pertaining to persons found to be acting in lawful self-defense; expunction of criminal history records - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-776-09/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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