Bill Text: FL S0276 | 2016 | Regular Session | Introduced

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Bill Title: Expunction of Criminal History Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Criminal Justice [S0276 Detail]

Download: Florida-2016-S0276-Introduced.html

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       Florida Senate - 2016                                     SB 276
       
       
        
       By Senator Smith
       
       
       
       
       
       31-00182-16                                            2016276__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; creating s. 943.0595, F.S.; providing for the
    4         automatic expunction of criminal history records in
    5         specified circumstances; providing a process for
    6         expunction of a criminal history record; providing
    7         that expunction granted under the act does not prevent
    8         a person who receives such relief from petitioning for
    9         the expunction or sealing of a criminal history record
   10         under other provisions of law; providing for the
   11         treatment of general references in the act under the
   12         doctrine of incorporation by reference; amending s.
   13         943.0582, F.S.; conforming a provision to changes made
   14         by the act; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 943.0595, Florida Statutes, is created
   19  to read:
   20         943.0595 Automatic qualification for expunction of criminal
   21  history record if no finding of guilt.—
   22         (1) QUALIFICATION.—
   23         (a) Notwithstanding any law dealing with the preservation
   24  and destruction of public records, a criminal history record
   25  relating to a person who has not been found guilty of, or has
   26  not pled guilty or nolo contendere to, an offense automatically
   27  qualifies for expunction. The record must be expunged if:
   28         1. An indictment, information, or other charging document
   29  was not filed or issued in the case;
   30         2. An indictment, information, or other charging document
   31  was filed or issued in the case and was dismissed or nolle
   32  prosequi by the state attorney or statewide prosecutor or
   33  dismissed by a court of competent jurisdiction; or
   34         3. The person was found not guilty or acquitted by a judge
   35  or jury.
   36         (b) If the person was adjudicated guilty of or adjudicated
   37  delinquent for committing any of the acts stemming from the
   38  arrest or alleged criminal activity or delinquent act, the
   39  record does not qualify for automatic expunction.
   40         (2) PETITION.—Each petition to a court to expunge a
   41  criminal history record is complete only when accompanied by a
   42  certified copy of the disposition of the offenses sought to be
   43  sealed.
   44         (3) PROCESS.—
   45         (a) A certificate of eligibility for expunction from the
   46  department is not required under this section.
   47         (b) A court of competent jurisdiction may order a criminal
   48  justice agency to expunge the criminal history record of a minor
   49  or an adult whose record qualifies for automatic expunction
   50  under this section.
   51         (c) In a judicial proceeding under this section, a copy of
   52  the completed petition to expunge shall be served upon the
   53  appropriate state attorney or the statewide prosecutor and upon
   54  the arresting agency. It is not necessary to make any agency
   55  other than the state a party. The appropriate state attorney or
   56  the statewide prosecutor and the arresting agency may respond to
   57  the court regarding the completed petition to expunge.
   58         (d) Notwithstanding ss. 943.0585 and 943.059 and any other
   59  law, the court may order expunction of a criminal history record
   60  pertaining to more than one arrest or one incident of alleged
   61  criminal activity if the person has not been adjudicated guilty
   62  of or adjudicated delinquent for committing any of the acts
   63  stemming from the arrest or alleged criminal activity or
   64  delinquent act to which the petition to expunge pertains.
   65         (e) If relief is granted by the court, the clerk of the
   66  court shall certify copies of the order to the appropriate state
   67  attorney or the statewide prosecutor, to the county, and to the
   68  arresting agency. The arresting agency shall forward the order
   69  to any other agency to which the arresting agency disseminated
   70  the criminal history record information to which the order
   71  pertains. The department shall forward the order to expunge to
   72  the Federal Bureau of Investigation. The clerk of the court
   73  shall certify a copy of the order to any other agency that court
   74  records indicate has received the criminal history record from
   75  the court. The county shall forward the order to any agency,
   76  organization, or company to which the county disseminated the
   77  criminal history information to which the order pertains.
   78         (f) The department or any other criminal justice agency is
   79  required to not act on an order to expunge entered by a court
   80  when the order does not comply with the requirements of this
   81  section. Upon receipt of such an order, the department shall
   82  notify the issuing court, the appropriate state attorney or the
   83  statewide prosecutor, the petitioner or the petitioner’s
   84  attorney, and the arresting agency within 5 business days after
   85  determining that the department or the agency cannot comply with
   86  the court order. The appropriate state attorney or the statewide
   87  prosecutor shall take action within 60 days to correct the
   88  record and petition the court to void the order. A cause of
   89  action, including contempt of court, may not arise against any
   90  criminal justice agency for failing to comply with an order to
   91  expunge when the order does not comply with the requirements of
   92  this section.
   93         (g) An order expunging a criminal history record pursuant
   94  to this section does not require that the record be surrendered
   95  to the court, and the record shall continue to be maintained by
   96  the department and other criminal justice agencies.
   97         (4) SECTION NOT EXCLUSIVE.—Expunction granted under this
   98  section does not prevent the person who receives such relief
   99  from petitioning for the expunction or sealing of a criminal
  100  history record as provided for in ss. 943.0585 and 943.059 if
  101  the person is otherwise eligible under those sections.
  102         (5) STATUTORY REFERENCES.—Any reference to any other
  103  chapter, section, or subdivision of the Florida Statutes in this
  104  section constitutes a general reference under the doctrine of
  105  incorporation by reference.
  106         Section 2. Subsection (5) of section 943.0582, Florida
  107  Statutes, is amended to read:
  108         943.0582 Prearrest, postarrest, or teen court diversion
  109  program expunction.—
  110         (5) Expunction or sealing granted under this section does
  111  not prevent the minor who receives such relief from petitioning
  112  for the expunction or sealing of a later criminal history record
  113  as provided for in ss. 943.0583, 943.0585, and 943.059, and
  114  943.0595, if the minor is otherwise eligible under those
  115  sections.
  116         Section 3. This act shall take effect July 1, 2016.