Bill Amendment: FL S1142 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Expunction and Sealing of Criminal History Records
Status: 2018-03-10 - Died in Rules [S1142 Detail]
Download: Florida-2018-S1142-Senate_Committee_Substitue_Amendment_710312_Amendment_Delete_All_280316_.html
Bill Title: Expunction and Sealing of Criminal History Records
Status: 2018-03-10 - Died in Rules [S1142 Detail]
Download: Florida-2018-S1142-Senate_Committee_Substitue_Amendment_710312_Amendment_Delete_All_280316_.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1142 Ì710312bÎ710312 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Steube) recommended the following: 1 Senate Substitute for Amendment (280316) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Paragraphs (a) and (h) of subsection (2) of 7 section 943.0585, Florida Statutes, are amended, and paragraph 8 (b) of subsection (1) and paragraph (f) of subsection (2) of 9 that section are republished, to read: 10 943.0585 Court-ordered expunction of criminal history 11 records.—The courts of this state have jurisdiction over their 12 own procedures, including the maintenance, expunction, and 13 correction of judicial records containing criminal history 14 information to the extent such procedures are not inconsistent 15 with the conditions, responsibilities, and duties established by 16 this section. Any court of competent jurisdiction may order a 17 criminal justice agency to expunge the criminal history record 18 of a minor or an adult who complies with the requirements of 19 this section. The court shall not order a criminal justice 20 agency to expunge a criminal history record until the person 21 seeking to expunge a criminal history record has applied for and 22 received a certificate of eligibility for expunction pursuant to 23 subsection (2) or subsection (5). A criminal history record that 24 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, 25 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, 26 s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 27 s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in 28 s. 907.041, or any violation specified as a predicate offense 29 for registration as a sexual predator pursuant to s. 775.21, 30 without regard to whether that offense alone is sufficient to 31 require such registration, or for registration as a sexual 32 offender pursuant to s. 943.0435, may not be expunged, without 33 regard to whether adjudication was withheld, if the defendant 34 was found guilty of or pled guilty or nolo contendere to the 35 offense, or if the defendant, as a minor, was found to have 36 committed, or pled guilty or nolo contendere to committing, the 37 offense as a delinquent act. The court may only order expunction 38 of a criminal history record pertaining to one arrest or one 39 incident of alleged criminal activity, except as provided in 40 this section. The court may, at its sole discretion, order the 41 expunction of a criminal history record pertaining to more than 42 one arrest if the additional arrests directly relate to the 43 original arrest. If the court intends to order the expunction of 44 records pertaining to such additional arrests, such intent must 45 be specified in the order. A criminal justice agency may not 46 expunge any record pertaining to such additional arrests if the 47 order to expunge does not articulate the intention of the court 48 to expunge a record pertaining to more than one arrest. This 49 section does not prevent the court from ordering the expunction 50 of only a portion of a criminal history record pertaining to one 51 arrest or one incident of alleged criminal activity. 52 Notwithstanding any law to the contrary, a criminal justice 53 agency may comply with laws, court orders, and official requests 54 of other jurisdictions relating to expunction, correction, or 55 confidential handling of criminal history records or information 56 derived therefrom. This section does not confer any right to the 57 expunction of any criminal history record, and any request for 58 expunction of a criminal history record may be denied at the 59 sole discretion of the court. 60 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each 61 petition to a court to expunge a criminal history record is 62 complete only when accompanied by: 63 (b) The petitioner’s sworn statement attesting that the 64 petitioner: 65 1. Has never, prior to the date on which the petition is 66 filed, been adjudicated guilty of a criminal offense or 67 comparable ordinance violation, or been adjudicated delinquent 68 for committing any felony or a misdemeanor specified in s. 69 943.051(3)(b). 70 2. Has not been adjudicated guilty of, or adjudicated 71 delinquent for committing, any of the acts stemming from the 72 arrest or alleged criminal activity to which the petition 73 pertains. 74 3. Has never secured a prior sealing or expunction of a 75 criminal history record under this section, s. 943.059, former 76 s. 893.14, former s. 901.33, or former s. 943.058, unless 77 expunction is sought of a criminal history record previously 78 sealed for 10 years pursuant to paragraph (2)(h) and the record 79 is otherwise eligible for expunction. 80 4. Is eligible for such an expunction to the best of his or 81 her knowledge or belief and does not have any other petition to 82 expunge or any petition to seal pending before any court. 83 84 Any person who knowingly provides false information on such 85 sworn statement to the court commits a felony of the third 86 degree, punishable as provided in s. 775.082, s. 775.083, or s. 87 775.084. 88 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to 89 petitioning the court to expunge a criminal history record, a 90 person seeking to expunge a criminal history record shall apply 91 to the department for a certificate of eligibility for 92 expunction. The department shall, by rule adopted pursuant to 93 chapter 120, establish procedures pertaining to the application 94 for and issuance of certificates of eligibility for expunction. 95 A certificate of eligibility for expunction is valid for 12 96 months after the date stamped on the certificate when issued by 97 the department. After that time, the petitioner must reapply to 98 the department for a new certificate of eligibility. Eligibility 99 for a renewed certification of eligibility must be based on the 100 status of the applicant and the law in effect at the time of the 101 renewal application. The department shall issue a certificate of 102 eligibility for expunction to a person who is the subject of a 103 criminal history record if that person: 104 (a) Has obtained, and submitted to the department, a 105 written, certified statement from the appropriate state attorney 106 or statewide prosecutor which indicates: 107 1. That an indictment, information, or other charging 108 document was not filed or issued in the case. 109 2. That an indictment, information, or other charging 110 document, if filed or issued in the case, was dismissed or nolle 111 prosequi by the state attorney or statewide prosecutor,orwas 112 dismissed by a court of competent jurisdiction, that a judgment 113 of acquittal was rendered by a judge, or that a verdict of not 114 guilty was rendered by a judge or juryand that none of the115charges related to the arrest or alleged criminal activity to116which the petition to expunge pertains resulted in a trial,117without regard to whether the outcome of the trial was other118than an adjudication of guilt. 119 3. That the criminal history record does not relate to a 120 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 121 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, 122 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, 123 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, 124 or any violation specified as a predicate offense for 125 registration as a sexual predator pursuant to s. 775.21, without 126 regard to whether that offense alone is sufficient to require 127 such registration, or for registration as a sexual offender 128 pursuant to s. 943.0435, where the defendant was found guilty 129 of, or pled guilty or nolo contendere to any such offense, or 130 that the defendant, as a minor, was found to have committed, or 131 pled guilty or nolo contendere to committing, such an offense as 132 a delinquent act, without regard to whether adjudication was 133 withheld. 134 (f) Has never secured a prior sealing or expunction of a 135 criminal history record under this section, s. 943.059, former 136 s. 893.14, former s. 901.33, or former s. 943.058, unless 137 expunction is sought of a criminal history record previously 138 sealed for 10 years pursuant to paragraph (h) and the record is 139 otherwise eligible for expunction. 140 (h) Has previously obtained a court order sealing the 141 record under this section, former s. 893.14, former s. 901.33, 142 or former s. 943.058 for a minimum of 10 years because 143 adjudication was withheld or because all charges related to the 144 arrest or alleged criminal activity to which the petition to 145 expunge pertains were not dismissed beforeprior totrial,146withoutregard to whether the outcome of the trial was other147than an adjudication of guilt. The requirement for the record to 148 have previously been sealed for a minimum of 10 years does not 149 apply when a plea was not entered or all charges related to the 150 arrest or alleged criminal activity to which the petition to 151 expunge pertains were dismissed beforeprior totrial, when a 152 judgment of acquittal was rendered by a judge, or when a verdict 153 of not guilty was rendered by a judge or jury. 154 Section 2. Effective upon this act becoming a law, present 155 paragraphs (c) through (f) of subsection (2) of section 943.059, 156 Florida Statutes, are redesignated as paragraphs (d) through 157 (g), respectively, a new paragraph (c) is added to that 158 subsection, and paragraph (a) of subsection (1) of that section 159 is republished, to read: 160 943.059 Court-ordered sealing of criminal history records. 161 The courts of this state shall continue to have jurisdiction 162 over their own procedures, including the maintenance, sealing, 163 and correction of judicial records containing criminal history 164 information to the extent such procedures are not inconsistent 165 with the conditions, responsibilities, and duties established by 166 this section. Any court of competent jurisdiction may order a 167 criminal justice agency to seal the criminal history record of a 168 minor or an adult who complies with the requirements of this 169 section. The court shall not order a criminal justice agency to 170 seal a criminal history record until the person seeking to seal 171 a criminal history record has applied for and received a 172 certificate of eligibility for sealing pursuant to subsection 173 (2). A criminal history record that relates to a violation of s. 174 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, 175 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, 176 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, 177 s. 916.1075, a violation enumerated in s. 907.041, or any 178 violation specified as a predicate offense for registration as a 179 sexual predator pursuant to s. 775.21, without regard to whether 180 that offense alone is sufficient to require such registration, 181 or for registration as a sexual offender pursuant to s. 182 943.0435, may not be sealed, without regard to whether 183 adjudication was withheld, if the defendant was found guilty of 184 or pled guilty or nolo contendere to the offense, or if the 185 defendant, as a minor, was found to have committed or pled 186 guilty or nolo contendere to committing the offense as a 187 delinquent act. The court may only order sealing of a criminal 188 history record pertaining to one arrest or one incident of 189 alleged criminal activity, except as provided in this section. 190 The court may, at its sole discretion, order the sealing of a 191 criminal history record pertaining to more than one arrest if 192 the additional arrests directly relate to the original arrest. 193 If the court intends to order the sealing of records pertaining 194 to such additional arrests, such intent must be specified in the 195 order. A criminal justice agency may not seal any record 196 pertaining to such additional arrests if the order to seal does 197 not articulate the intention of the court to seal records 198 pertaining to more than one arrest. This section does not 199 prevent the court from ordering the sealing of only a portion of 200 a criminal history record pertaining to one arrest or one 201 incident of alleged criminal activity. Notwithstanding any law 202 to the contrary, a criminal justice agency may comply with laws, 203 court orders, and official requests of other jurisdictions 204 relating to sealing, correction, or confidential handling of 205 criminal history records or information derived therefrom. This 206 section does not confer any right to the sealing of any criminal 207 history record, and any request for sealing a criminal history 208 record may be denied at the sole discretion of the court. 209 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each 210 petition to a court to seal a criminal history record is 211 complete only when accompanied by: 212 (a) A valid certificate of eligibility for sealing issued 213 by the department pursuant to subsection (2). 214 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to 215 petitioning the court to seal a criminal history record, a 216 person seeking to seal a criminal history record shall apply to 217 the department for a certificate of eligibility for sealing. The 218 department shall, by rule adopted pursuant to chapter 120, 219 establish procedures pertaining to the application for and 220 issuance of certificates of eligibility for sealing. A 221 certificate of eligibility for sealing is valid for 12 months 222 after the date stamped on the certificate when issued by the 223 department. After that time, the petitioner must reapply to the 224 department for a new certificate of eligibility. Eligibility for 225 a renewed certification of eligibility must be based on the 226 status of the applicant and the law in effect at the time of the 227 renewal application. The department shall issue a certificate of 228 eligibility for sealing to a person who is the subject of a 229 criminal history record provided that such person: 230 (c) Is not seeking to seal a criminal history record that 231 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, 232 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, 233 s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 234 s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in 235 s. 907.041, or any violation specified as a predicate offense 236 for registration as a sexual predator pursuant to s. 775.21, 237 without regard to whether that offense alone is sufficient to 238 require such registration, or for registration as a sexual 239 offender pursuant to s. 943.0435, where the defendant was found 240 guilty of, or pled guilty or nolo contendere to any such 241 offense, or which the defendant, as a minor, was found to have 242 committed, or pled guilty or nolo contendere to committing, such 243 an offense as a delinquent act, without regard to whether 244 adjudication was withheld. 245 Section 3. Except as otherwise expressly provided in this 246 act and except for this section, which shall take effect upon 247 becoming a law, this act shall take effect July 1, 2018. 248 249 ================= T I T L E A M E N D M E N T ================ 250 And the title is amended as follows: 251 Delete everything before the enacting clause 252 and insert: 253 A bill to be entitled 254 An act relating to the expunction and sealing of 255 criminal history records; amending s. 943.0585, F.S.; 256 revising the eligibility requirements for expunction 257 of criminal history records to include instances in 258 which a judgment of acquittal or a verdict of not 259 guilty was rendered; amending s. 943.059, F.S.; 260 clarifying the circumstances under which the 261 Department of Law Enforcement must issue a certificate 262 of eligibility for the sealing of a criminal history 263 record; providing an effective date.