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.