Bill Text: FL H1297 | 2011 | Regular Session | Introduced

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Bill Title: Criminal History Records of Juveniles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1297 Detail]

Download: Florida-2011-H1297-Introduced.html

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HB 1297

1	A bill to be entitled
2	An act relating to criminal history records of juveniles;
3	creating s. 943.05825, F.S.; providing for the automatic
4	sealing of records of juvenile offenses upon completion of
5	sentence; providing exceptions; providing for the effect
6	of sealing; providing for application of other specified
7	provisions relating to expunction and sealing of records;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 943.05825, Florida Statutes, is created
13	to read:
14	943.05825  Automatic sealing of juvenile records.-
15	(1)  Notwithstanding any other law, the criminal history
16	record of any juvenile offenses committed by a juvenile shall be
17	automatically sealed upon the juvenile's completion of all
18	sentences for those offenses, except for the record of any
19	offense for which the juvenile was:
20	(a)  Transferred to the adult system under s. 985.557,
21	indicted under s. 985.56, or waived into the adult system under
22	s. 985.556; or
23	(b)  Transferred to the adult system but sentenced to the
24	juvenile system under s. 985.565.
25	(2)  As used in this section, the term "sealed" or
26	"sealing" has the same meaning in effect and ascribed in s.
27	943.059, excluding s. 943.059(4)(a), except that the criminal
28	history record of a person whose record is sealed pursuant to
29	this section shall be made available only to criminal justice
30	agencies for the purpose of determining eligibility for
31	prearrest, postarrest, or teen court diversion programs; when
32	the record is sought as part of a criminal investigation; or
33	when the subject of the record is a candidate for employment
34	with a criminal justice agency. For all other purposes, a person
35	whose record is sealed under this section may lawfully deny or
36	fail to acknowledge the arrest and the charge covered by the
37	sealed record.
38	(3)  Sealing granted under this section does not prevent
39	the juvenile who receives such relief from petitioning for the
40	expunction or sealing of a later criminal history record as
41	provided in ss. 943.0585 and 943.059 if the juvenile is
42	otherwise eligible under those sections.
43	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.