Bill Text: FL S1068 | 2013 | Regular Session | Introduced

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Bill Title: Court-ordered Expunction of Criminal History Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-05-03 - Died in Criminal Justice [S1068 Detail]

Download: Florida-2013-S1068-Introduced.html

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       Florida Senate - 2013                                    SB 1068
       
       
       
       By Senator Joyner
       
       
       
       
       19-00774-13                                           20131068__
    1                        A bill to be entitled                      
    2         An act relating to court-ordered expunction of
    3         criminal history records; amending s. 943.0585, F.S.;
    4         requiring the Department of Law Enforcement to
    5         disclose the contents of an expunged criminal history
    6         record to the subject of the record or the Parole
    7         Commission under certain circumstances; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) is added to subsection (4) of
   13  section 943.0585, Florida Statutes, to read:
   14         943.0585 Court-ordered expunction of criminal history
   15  records.—The courts of this state have jurisdiction over their
   16  own procedures, including the maintenance, expunction, and
   17  correction of judicial records containing criminal history
   18  information to the extent such procedures are not inconsistent
   19  with the conditions, responsibilities, and duties established by
   20  this section. Any court of competent jurisdiction may order a
   21  criminal justice agency to expunge the criminal history record
   22  of a minor or an adult who complies with the requirements of
   23  this section. The court shall not order a criminal justice
   24  agency to expunge a criminal history record until the person
   25  seeking to expunge a criminal history record has applied for and
   26  received a certificate of eligibility for expunction pursuant to
   27  subsection (2). A criminal history record that relates to a
   28  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   29  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
   30  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
   31  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
   32  any violation specified as a predicate offense for registration
   33  as a sexual predator pursuant to s. 775.21, without regard to
   34  whether that offense alone is sufficient to require such
   35  registration, or for registration as a sexual offender pursuant
   36  to s. 943.0435, may not be expunged, without regard to whether
   37  adjudication was withheld, if the defendant was found guilty of
   38  or pled guilty or nolo contendere to the offense, or if the
   39  defendant, as a minor, was found to have committed, or pled
   40  guilty or nolo contendere to committing, the offense as a
   41  delinquent act. The court may only order expunction of a
   42  criminal history record pertaining to one arrest or one incident
   43  of alleged criminal activity, except as provided in this
   44  section. The court may, at its sole discretion, order the
   45  expunction of a criminal history record pertaining to more than
   46  one arrest if the additional arrests directly relate to the
   47  original arrest. If the court intends to order the expunction of
   48  records pertaining to such additional arrests, such intent must
   49  be specified in the order. A criminal justice agency may not
   50  expunge any record pertaining to such additional arrests if the
   51  order to expunge does not articulate the intention of the court
   52  to expunge a record pertaining to more than one arrest. This
   53  section does not prevent the court from ordering the expunction
   54  of only a portion of a criminal history record pertaining to one
   55  arrest or one incident of alleged criminal activity.
   56  Notwithstanding any law to the contrary, a criminal justice
   57  agency may comply with laws, court orders, and official requests
   58  of other jurisdictions relating to expunction, correction, or
   59  confidential handling of criminal history records or information
   60  derived therefrom. This section does not confer any right to the
   61  expunction of any criminal history record, and any request for
   62  expunction of a criminal history record may be denied at the
   63  sole discretion of the court.
   64         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
   65  criminal history record of a minor or an adult which is ordered
   66  expunged by a court of competent jurisdiction pursuant to this
   67  section must be physically destroyed or obliterated by any
   68  criminal justice agency having custody of such record; except
   69  that any criminal history record in the custody of the
   70  department must be retained in all cases. A criminal history
   71  record ordered expunged that is retained by the department is
   72  confidential and exempt from the provisions of s. 119.07(1) and
   73  s. 24(a), Art. I of the State Constitution and not available to
   74  any person or entity except upon order of a court of competent
   75  jurisdiction. A criminal justice agency may retain a notation
   76  indicating compliance with an order to expunge.
   77         (d) Upon receipt of a written, notarized request from the
   78  subject of the record, the department shall disclose the
   79  contents of an expunged criminal history record to the subject
   80  of the record or the Parole Commission.
   81         Section 2. This act shall take effect July 1, 2013.