Bill Text: FL S0298 | 2018 | Regular Session | Comm Sub
Bill Title: Criminal History Records
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/HB 1065 [S0298 Detail]
Download: Florida-2018-S0298-Comm_Sub.html
Florida Senate - 2018 CS for SB 298 By the Committee on Criminal Justice; and Senator Bracy 591-00907-18 2018298c1 1 A bill to be entitled 2 An act relating to criminal history records; amending 3 s. 943.0585, F.S.; revising the elements that must be 4 attested to by a petitioner in a statement submitted 5 in support of the expunction of a criminal history 6 record; revising the circumstances under which the 7 Department of Law Enforcement must issue a certificate 8 of eligibility for expunction of a criminal history 9 record; amending s. 943.059, F.S.; revising the 10 elements that must be attested to by a petitioner in a 11 statement submitted in support of the sealing of a 12 criminal history record; revising the circumstances 13 under which the Department of Law Enforcement must 14 issue a certificate of eligibility for sealing of a 15 criminal history record; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (b) of subsection (1) and paragraphs 20 (a) and (d) of subsection (2) of section 943.0585, Florida 21 Statutes, are amended to read: 22 943.0585 Court-ordered expunction of criminal history 23 records.—The courts of this state have jurisdiction over their 24 own procedures, including the maintenance, expunction, and 25 correction of judicial records containing criminal history 26 information to the extent such procedures are not inconsistent 27 with the conditions, responsibilities, and duties established by 28 this section. Any court of competent jurisdiction may order a 29 criminal justice agency to expunge the criminal history record 30 of a minor or an adult who complies with the requirements of 31 this section. The court shall not order a criminal justice 32 agency to expunge a criminal history record until the person 33 seeking to expunge a criminal history record has applied for and 34 received a certificate of eligibility for expunction pursuant to 35 subsection (2) or subsection (5). A criminal history record that 36 relates to a violation of s. 393.135, s. 394.4593, s. 787.025, 37 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, 38 s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 39 s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in 40 s. 907.041, or any violation specified as a predicate offense 41 for registration as a sexual predator pursuant to s. 775.21, 42 without regard to whether that offense alone is sufficient to 43 require such registration, or for registration as a sexual 44 offender pursuant to s. 943.0435, may not be expunged, without 45 regard to whether adjudication was withheld, if the defendant 46 was found guilty of or pled guilty or nolo contendere to the 47 offense, or if the defendant, as a minor, was found to have 48 committed, or pled guilty or nolo contendere to committing, the 49 offense as a delinquent act. The court may only order expunction 50 of a criminal history record pertaining to one arrest or one 51 incident of alleged criminal activity, except as provided in 52 this section. The court may, at its sole discretion, order the 53 expunction of a criminal history record pertaining to more than 54 one arrest if the additional arrests directly relate to the 55 original arrest. If the court intends to order the expunction of 56 records pertaining to such additional arrests, such intent must 57 be specified in the order. A criminal justice agency may not 58 expunge any record pertaining to such additional arrests if the 59 order to expunge does not articulate the intention of the court 60 to expunge a record pertaining to more than one arrest. This 61 section does not prevent the court from ordering the expunction 62 of only a portion of a criminal history record pertaining to one 63 arrest or one incident of alleged criminal activity. 64 Notwithstanding any law to the contrary, a criminal justice 65 agency may comply with laws, court orders, and official requests 66 of other jurisdictions relating to expunction, correction, or 67 confidential handling of criminal history records or information 68 derived therefrom. This section does not confer any right to the 69 expunction of any criminal history record, and any request for 70 expunction of a criminal history record may be denied at the 71 sole discretion of the court. 72 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each 73 petition to a court to expunge a criminal history record is 74 complete only when accompanied by: 75 (b) The petitioner’s sworn statement attesting that the 76 petitioner: 77 1. Has never, beforeprior tothe date on which the 78 petition is filed, been adjudicated guilty of a criminal offense 79 or comparable ordinance violation, or been adjudicated 80 delinquent for committing any felonyor a misdemeanor specified81in s. 943.051(3)(b). 82 2. Has not been adjudicated delinquent for committing a 83 misdemeanor offense specified in s. 943.051(3)(b) in the 84 previous 10 years. 85 3.2.Has not been adjudicated guilty of, or adjudicated 86 delinquent for committing, any of the acts stemming from the 87 arrest or alleged criminal activity to which the petition 88 pertains. 89 4.3.Has never secured a prior sealing or expunction of a 90 criminal history record under this section, s. 943.059, former 91 s. 893.14, former s. 901.33, or former s. 943.058, unless 92 expunction is sought of a criminal history record previously 93 sealed for 10 years pursuant to paragraph (2)(h) and the record 94 is otherwise eligible for expunction. 95 5.4.Is eligible for such an expunction to the best of his 96 or her knowledge or belief and does not have any other petition 97 to expunge or any petition to seal pending before any court. 98 99 Any person who knowingly provides false information on such 100 sworn statement to the court commits a felony of the third 101 degree, punishable as provided in s. 775.082, s. 775.083, or s. 102 775.084. 103 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to 104 petitioning the court to expunge a criminal history record, a 105 person seeking to expunge a criminal history record shall apply 106 to the department for a certificate of eligibility for 107 expunction. The department shall, by rule adopted pursuant to 108 chapter 120, establish procedures pertaining to the application 109 for and issuance of certificates of eligibility for expunction. 110 A certificate of eligibility for expunction is valid for 12 111 months after the date stamped on the certificate when issued by 112 the department. After that time, the petitioner must reapply to 113 the department for a new certificate of eligibility. Eligibility 114 for a renewed certification of eligibility must be based on the 115 status of the applicant and the law in effect at the time of the 116 renewal application. The department shall issue a certificate of 117 eligibility for expunction to a person who is the subject of a 118 criminal history record if that person: 119 (a) Has obtained, and submitted to the department, a 120 written, certified statement from the appropriate state attorney 121 or statewide prosecutor which indicates: 122 1. That an indictment, information, or other charging 123 document was not filed or issued in the case. 124 2. That an indictment, information, or other charging 125 document, if filed or issued in the case, was dismissed or nolle 126 prosequi by the state attorney or statewide prosecutor,or was 127 dismissed by a court of competent jurisdiction, that a judgment 128 of acquittal was rendered by a judge, or that a verdict of not 129 guilty was rendered by a judge or juryand that none of the130charges related to the arrest or alleged criminal activity to131which the petition to expunge pertains resulted in a trial,132without regard to whether the outcome of the trial was other133than an adjudication of guilt. 134 3. That the criminal history record does not relate to a 135 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 136 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, 137 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, 138 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, 139 or any violation specified as a predicate offense for 140 registration as a sexual predator pursuant to s. 775.21, without 141 regard to whether that offense alone is sufficient to require 142 such registration, or for registration as a sexual offender 143 pursuant to s. 943.0435, where the defendant was found guilty 144 of, or pled guilty or nolo contendere to any such offense, or 145 that the defendant, as a minor, was found to have committed, or 146 pled guilty or nolo contendere to committing, such an offense as 147 a delinquent act, without regard to whether adjudication was 148 withheld. 149 (d)1. Has never, beforeprior tothe date on which the 150 application for a certificate of eligibility is filed, been 151 adjudicated guilty of a criminal offense or comparable ordinance 152 violation, or been adjudicated delinquent for committing any 153 felonyor a misdemeanor specified in s. 943.051(3)(b). 154 2. Has not been adjudicated delinquent for committing a 155 misdemeanor offense specified in s. 943.051(3)(b) in the 156 previous 10 years. 157 Section 2. Paragraph (b) of subsection (1) and paragraph 158 (c) of subsection (2) of section 943.059, Florida Statutes, are 159 amended 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 (b) The petitioner’s sworn statement attesting that the 213 petitioner: 214 1. Has never, beforeprior tothe date on which the 215 petition is filed, been adjudicated guilty of a criminal offense 216 or comparable ordinance violation, or been adjudicated 217 delinquent for committing any felonyor a misdemeanor specified218in s. 943.051(3)(b). 219 2. Has not been adjudicated delinquent for committing a 220 misdemeanor offense specified in s. 943.051(3)(b) in the 221 previous 10 years. 222 3.2.Has not been adjudicated guilty of or adjudicated 223 delinquent for committing any of the acts stemming from the 224 arrest or alleged criminal activity to which the petition to 225 seal pertains. 226 4.3.Has never secured a prior sealing or expunction of a 227 criminal history record under this section, s. 943.0585, former 228 s. 893.14, former s. 901.33, or former s. 943.058. 229 5.4.Is eligible for such a sealing to the best of his or 230 her knowledge or belief and does not have any other petition to 231 seal or any petition to expunge pending before any court. 232 233 Any person who knowingly provides false information on such 234 sworn statement to the court commits a felony of the third 235 degree, punishable as provided in s. 775.082, s. 775.083, or s. 236 775.084. 237 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to 238 petitioning the court to seal a criminal history record, a 239 person seeking to seal a criminal history record shall apply to 240 the department for a certificate of eligibility for sealing. The 241 department shall, by rule adopted pursuant to chapter 120, 242 establish procedures pertaining to the application for and 243 issuance of certificates of eligibility for sealing. A 244 certificate of eligibility for sealing is valid for 12 months 245 after the date stamped on the certificate when issued by the 246 department. After that time, the petitioner must reapply to the 247 department for a new certificate of eligibility. Eligibility for 248 a renewed certification of eligibility must be based on the 249 status of the applicant and the law in effect at the time of the 250 renewal application. The department shall issue a certificate of 251 eligibility for sealing to a person who is the subject of a 252 criminal history record provided that such person: 253 (c)1. Has never, beforeprior tothe date on which the 254 application for a certificate of eligibility is filed, been 255 adjudicated guilty of a criminal offense or comparable ordinance 256 violation, or been adjudicated delinquent for committing any 257 felonyor a misdemeanor specified in s. 943.051(3)(b). 258 2. Has not been adjudicated delinquent for committing a 259 misdemeanor offense specified in s. 943.051(3)(b) in the 260 previous 10 years. 261 Section 3. This act shall take effect July 1, 2018.