Bill Text: FL S0504 | 2023 | Regular Session | Comm Sub

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Bill Title: Expunction of Criminal History Records

Spectrum: Bipartisan Bill

Status: (Vetoed) 2023-05-02 - Laid on Table [S0504 Detail]

Download: Florida-2023-S0504-Comm_Sub.html

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       Florida Senate - 2023                       CS for CS for SB 504
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Criminal Justice; and Senators Rodriguez and
       Perry
       
       
       
       604-03772-23                                           2023504c2
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; reenacting and amending s. 943.0585, F.S.;
    4         revising an eligibility criterion under which a person
    5         is eligible to petition a court to expunge a criminal
    6         history record if an indictment, information, or other
    7         charging document was dismissed by a court; expanding
    8         an exception to an eligibility requirement for
    9         expunction of a criminal history record to allow a
   10         prior expunction of a criminal history record granted
   11         for an offense committed when the person was a minor;
   12         providing applicability; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraphs (b) and (g) of subsection (1) of
   17  section 943.0585, Florida Statutes, are amended, and paragraph
   18  (a) of subsection (2) and subsection (3) of that section are
   19  reenacted, to read:
   20         943.0585 Court-ordered expunction of criminal history
   21  records.—
   22         (1) ELIGIBILITY.—A person is eligible to petition a court
   23  to expunge a criminal history record if:
   24         (b) An indictment, information, or other charging document
   25  was filed or issued in the case giving rise to the criminal
   26  history record, was dismissed or nolle prosequi by the state
   27  attorney or statewide prosecutor, or was dismissed by a court of
   28  competent jurisdiction, unless such dismissal was pursuant to s.
   29  916.145 or s. 985.19, or a judgment of acquittal was rendered by
   30  a judge, or a verdict of not guilty was rendered by a judge or
   31  jury.
   32         (g) The person has never secured a prior sealing or
   33  expunction of a criminal history record under this section, s.
   34  943.059, former s. 893.14, former s. 901.33, or former s.
   35  943.058, unless:
   36         1. Expunction is sought of a criminal history record
   37  previously sealed for 10 years pursuant to paragraph (h) and the
   38  record is otherwise eligible for expunction; or
   39         2. One prior expunction was granted for a criminal history
   40  record for an offense that was committed when he or she was a
   41  minor and the record is otherwise eligible for expunction. This
   42  subparagraph does not apply if the prior expunction was for an
   43  offense in which the minor was charged as an adult. The
   44  requirement for the record to have previously been sealed for a
   45  minimum of 10 years under paragraph (h) does not apply to this
   46  subparagraph.
   47         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
   48  to expunge a criminal history record, a person seeking to
   49  expunge a criminal history record must apply to the department
   50  for a certificate of eligibility for expunction. The department
   51  shall adopt rules to establish procedures for applying for and
   52  issuing a certificate of eligibility for expunction.
   53         (a) The department shall issue a certificate of eligibility
   54  for expunction to a person who is the subject of a criminal
   55  history record if that person:
   56         1. Satisfies the eligibility criteria in paragraphs (1)(a)
   57  (h) and is not ineligible under s. 943.0584.
   58         2. Has submitted to the department a written certified
   59  statement from the appropriate state attorney or statewide
   60  prosecutor which confirms the criminal history record complies
   61  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
   62  (c).
   63         3. Has submitted to the department a certified copy of the
   64  disposition of the charge to which the petition to expunge
   65  pertains.
   66         4. Remits a $75 processing fee to the department for
   67  placement in the Department of Law Enforcement Operating Trust
   68  Fund, unless the executive director waives such fee.
   69         (3) PETITION.—Each petition to expunge a criminal history
   70  record must be accompanied by:
   71         (a) A valid certificate of eligibility issued by the
   72  department.
   73         (b) The petitioner’s sworn statement that he or she:
   74         1. Satisfies the eligibility requirements for expunction in
   75  subsection (1).
   76         2. Is eligible for expunction to the best of his or her
   77  knowledge and does not have any other petition to seal or
   78  expunge a criminal history record pending before any court.
   79  
   80  A person who knowingly provides false information on such sworn
   81  statement commits a felony of the third degree, punishable as
   82  provided in s. 775.082, s. 775.083, or s. 775.084.
   83         Section 2. This act shall take effect July 1, 2023.