Bill Text: FL S0458 | 2011 | Regular Session | Introduced

Florida Senate Bill 458 (Prior Session Legislation)

Introduced

Bill Title: Administrative Expunction of Arrest Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0458 Detail]

Download: Florida-2011-S0458-Introduced.html

       Florida Senate - 2011                                     SB 458
       
       
       
       By Senator Hill
       
       
       
       
       1-00279A-11                                            2011458__
    1                        A bill to be entitled                      
    2         An act relating to administrative expunction of arrest
    3         records; amending s. 943.0581, F.S.; deleting language
    4         pertaining to discretion of a law enforcement agency
    5         as to whether to apply to the Department of Law
    6         Enforcement for the administrative expunction of any
    7         nonjudicial record of any arrest of a minor or an
    8         adult who is subsequently determined to have been
    9         arrested contrary to law or by mistake; providing for
   10         application for such expunction by the arrestee, or
   11         parent or legal guardian of a minor child arrestee, in
   12         the absence of such a determination by the law
   13         enforcement agency without the endorsement of the
   14         request by the agency; requiring submission of
   15         specified documentation with such a request for
   16         administrative expunction; limiting the requirements
   17         that requests be submitted on agency letterhead and
   18         contain certain signatures to those requests made by
   19         law enforcement agencies; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (2), (3), and (4) of section
   24  943.0581, Florida Statutes, are amended to read:
   25         943.0581 Administrative expunction.—
   26         (2) A law enforcement agency shall apply to the department
   27  in the manner prescribed by rule for the administrative
   28  expunction of any nonjudicial record of any arrest of a minor or
   29  an adult who is subsequently determined by the agency, at its
   30  discretion, or by the final order of a court of competent
   31  jurisdiction, to have been arrested contrary to law or by
   32  mistake.
   33         (3) An adult or, in the case of a minor child, the parent
   34  or legal guardian of the minor child, may apply to the
   35  department in the manner prescribed by rule for the
   36  administrative expunction of any nonjudicial record of an arrest
   37  alleged to have been made contrary to law or by mistake,
   38  provided that the application is supported by documentation from
   39  the department stating that the arrest was contrary to law or by
   40  mistake the endorsement of the head of the arresting agency or
   41  his or her designee or the state attorney of the judicial
   42  circuit in which the arrest occurred or his or her designee.
   43         (4) An application for administrative expunction shall
   44  include the date and time of the arrest, the name of the person
   45  arrested, the offender-based tracking system (OBTS) number, and
   46  the crime or crimes charged. An The application under subsection
   47  (2) must shall be on the submitting agency’s letterhead and
   48  shall be signed by the head of the submitting agency or his or
   49  her designee.
   50         Section 2. This act shall take effect July 1, 2011.