Bill Text: FL S1142 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expunction and Sealing of Criminal History Records

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Rules [S1142 Detail]

Download: Florida-2018-S1142-Introduced.html

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       Florida Senate - 2018                                    SB 1142
       
       
        
       By Senator Steube
       
       
       
       
       
       23-01315A-18                                          20181142__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; amending s. 943.0585, F.S.; revising the
    4         eligibility requirements for expunction of criminal
    5         history records to include instances in which a
    6         verdict of not guilty was rendered; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (a) and (h) of subsection (2) of
   12  section 943.0585, Florida Statutes, are amended, and paragraph
   13  (b) of subsection (1) and paragraph (f) of subsection (2) of
   14  that section are republished, to read:
   15         943.0585 Court-ordered expunction of criminal history
   16  records.—The courts of this state have jurisdiction over their
   17  own procedures, including the maintenance, expunction, and
   18  correction of judicial records containing criminal history
   19  information to the extent such procedures are not inconsistent
   20  with the conditions, responsibilities, and duties established by
   21  this section. Any court of competent jurisdiction may order a
   22  criminal justice agency to expunge the criminal history record
   23  of a minor or an adult who complies with the requirements of
   24  this section. The court shall not order a criminal justice
   25  agency to expunge a criminal history record until the person
   26  seeking to expunge a criminal history record has applied for and
   27  received a certificate of eligibility for expunction pursuant to
   28  subsection (2) or subsection (5). A criminal history record that
   29  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   30  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   31  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   32  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   33  s. 907.041, or any violation specified as a predicate offense
   34  for registration as a sexual predator pursuant to s. 775.21,
   35  without regard to whether that offense alone is sufficient to
   36  require such registration, or for registration as a sexual
   37  offender pursuant to s. 943.0435, may not be expunged, without
   38  regard to whether adjudication was withheld, if the defendant
   39  was found guilty of or pled guilty or nolo contendere to the
   40  offense, or if the defendant, as a minor, was found to have
   41  committed, or pled guilty or nolo contendere to committing, the
   42  offense as a delinquent act. The court may only order expunction
   43  of a criminal history record pertaining to one arrest or one
   44  incident of alleged criminal activity, except as provided in
   45  this section. The court may, at its sole discretion, order the
   46  expunction of a criminal history record pertaining to more than
   47  one arrest if the additional arrests directly relate to the
   48  original arrest. If the court intends to order the expunction of
   49  records pertaining to such additional arrests, such intent must
   50  be specified in the order. A criminal justice agency may not
   51  expunge any record pertaining to such additional arrests if the
   52  order to expunge does not articulate the intention of the court
   53  to expunge a record pertaining to more than one arrest. This
   54  section does not prevent the court from ordering the expunction
   55  of only a portion of a criminal history record pertaining to one
   56  arrest or one incident of alleged criminal activity.
   57  Notwithstanding any law to the contrary, a criminal justice
   58  agency may comply with laws, court orders, and official requests
   59  of other jurisdictions relating to expunction, correction, or
   60  confidential handling of criminal history records or information
   61  derived therefrom. This section does not confer any right to the
   62  expunction of any criminal history record, and any request for
   63  expunction of a criminal history record may be denied at the
   64  sole discretion of the court.
   65         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   66  petition to a court to expunge a criminal history record is
   67  complete only when accompanied by:
   68         (b) The petitioner’s sworn statement attesting that the
   69  petitioner:
   70         1. Has never, prior to the date on which the petition is
   71  filed, been adjudicated guilty of a criminal offense or
   72  comparable ordinance violation, or been adjudicated delinquent
   73  for committing any felony or a misdemeanor specified in s.
   74  943.051(3)(b).
   75         2. Has not been adjudicated guilty of, or adjudicated
   76  delinquent for committing, any of the acts stemming from the
   77  arrest or alleged criminal activity to which the petition
   78  pertains.
   79         3. Has never secured a prior sealing or expunction of a
   80  criminal history record under this section, s. 943.059, former
   81  s. 893.14, former s. 901.33, or former s. 943.058, unless
   82  expunction is sought of a criminal history record previously
   83  sealed for 10 years pursuant to paragraph (2)(h) and the record
   84  is otherwise eligible for expunction.
   85         4. Is eligible for such an expunction to the best of his or
   86  her knowledge or belief and does not have any other petition to
   87  expunge or any petition to seal pending before any court.
   88  
   89  Any person who knowingly provides false information on such
   90  sworn statement to the court commits a felony of the third
   91  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   92  775.084.
   93         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   94  petitioning the court to expunge a criminal history record, a
   95  person seeking to expunge a criminal history record shall apply
   96  to the department for a certificate of eligibility for
   97  expunction. The department shall, by rule adopted pursuant to
   98  chapter 120, establish procedures pertaining to the application
   99  for and issuance of certificates of eligibility for expunction.
  100  A certificate of eligibility for expunction is valid for 12
  101  months after the date stamped on the certificate when issued by
  102  the department. After that time, the petitioner must reapply to
  103  the department for a new certificate of eligibility. Eligibility
  104  for a renewed certification of eligibility must be based on the
  105  status of the applicant and the law in effect at the time of the
  106  renewal application. The department shall issue a certificate of
  107  eligibility for expunction to a person who is the subject of a
  108  criminal history record if that person:
  109         (a) Has obtained, and submitted to the department, a
  110  written, certified statement from the appropriate state attorney
  111  or statewide prosecutor which indicates:
  112         1. That an indictment, information, or other charging
  113  document was not filed or issued in the case.
  114         2. That an indictment, information, or other charging
  115  document, if filed or issued in the case, was dismissed or nolle
  116  prosequi by the state attorney or statewide prosecutor, or was
  117  dismissed by a court of competent jurisdiction, or that a
  118  verdict of not guilty was rendered by a judge or jury and that
  119  none of the charges related to the arrest or alleged criminal
  120  activity to which the petition to expunge pertains resulted in a
  121  trial, without regard to whether the outcome of the trial was
  122  other than an adjudication of guilt.
  123         3. That the criminal history record does not relate to a
  124  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  125  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  126  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  127  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  128  or any violation specified as a predicate offense for
  129  registration as a sexual predator pursuant to s. 775.21, without
  130  regard to whether that offense alone is sufficient to require
  131  such registration, or for registration as a sexual offender
  132  pursuant to s. 943.0435, where the defendant was found guilty
  133  of, or pled guilty or nolo contendere to any such offense, or
  134  that the defendant, as a minor, was found to have committed, or
  135  pled guilty or nolo contendere to committing, such an offense as
  136  a delinquent act, without regard to whether adjudication was
  137  withheld.
  138         (f) Has never secured a prior sealing or expunction of a
  139  criminal history record under this section, s. 943.059, former
  140  s. 893.14, former s. 901.33, or former s. 943.058, unless
  141  expunction is sought of a criminal history record previously
  142  sealed for 10 years pursuant to paragraph (h) and the record is
  143  otherwise eligible for expunction.
  144         (h) Has previously obtained a court order sealing the
  145  record under this section, former s. 893.14, former s. 901.33,
  146  or former s. 943.058 for a minimum of 10 years because
  147  adjudication was withheld or because all charges related to the
  148  arrest or alleged criminal activity to which the petition to
  149  expunge pertains were not dismissed before prior to trial,
  150  without regard to whether the outcome of the trial was other
  151  than an adjudication of guilt. The requirement for the record to
  152  have previously been sealed for a minimum of 10 years does not
  153  apply when a plea was not entered or all charges related to the
  154  arrest or alleged criminal activity to which the petition to
  155  expunge pertains were dismissed before prior to trial or a
  156  verdict of not guilty was rendered by a judge or jury.
  157         Section 2. This act shall take effect July 1, 2018.