Bill Text: FL S0488 | 2015 | Regular Session | Comm Sub
Bill Title: Expunging and Sealing Criminal History Records
Spectrum:
Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0488 Detail]
Download: Florida-2015-S0488-Comm_Sub.html
Florida Senate - 2015 CS for SB 488 By the Committee on Criminal Justice; and Senator Detert 591-02781-15 2015488c1 1 A bill to be entitled 2 An act relating to expunging and sealing criminal 3 history records; amending s. 943.0515, F.S.; reducing 4 the number of years that the Criminal Justice 5 Information Program must retain certain minor 6 offenders’ criminal history records; creating s. 7 943.0584, F.S.; establishing a nonjudicial expunction 8 process within the Department of Law Enforcement for 9 specified criminal history records; specifying types 10 of records eligible for the process; providing 11 exceptions to eligibility; establishing an application 12 process and requiring that specified documentation be 13 submitted; requiring a sworn statement from the 14 petitioner; providing a criminal penalty for perjury 15 on such sworn statement; specifying how the 16 nonjudicial expunction must be processed; providing 17 that an expunction under this section has the same 18 effect as an expunction under s. 943.0585, F.S.; 19 amending s. 943.0585, F.S.; providing jurisdiction of 20 the courts over expunction procedures; specifying 21 types of records that are eligible for court-ordered 22 expunction; providing limitations as to when a court 23 may expunge specified records; requiring specified 24 documentation be submitted to the Department of Law 25 Enforcement when seeking a certificate of eligibility 26 for court-ordered expunction; specifying the 27 documentation that must be submitted to the court with 28 a petition to expunge; requiring a sworn statement 29 from the petitioner; providing a criminal penalty for 30 perjury on such sworn statements; providing guidelines 31 for the processing of an order to expunge; providing 32 the effect of the order to expunge on the criminal 33 history record; requiring criminal justice agencies to 34 destroy copies of records that have been expunged; 35 specifying exceptions to the confidential and exempt 36 status of an expunged criminal history record; 37 specifying that a right to expunction is not created 38 under this act; amending s. 943.059, F.S.; 39 establishing a nonjudicial process within the 40 Department of Law Enforcement for the sealing of 41 specified records; specifying records that are 42 eligible for the process; providing exceptions to 43 eligibility and limitations on sealing of records; 44 establishing an application process and requiring the 45 submission of specified documentation; requiring a 46 sworn statement from the petitioner; providing a 47 criminal penalty for perjury on such sworn statement; 48 specifying how the nonjudicial sealing must be 49 processed; providing for the effect of a record that 50 has been sealed under this section; amending ss. 51 776.09, 790.23, 943.0582, 948.08, 948.16, 961.06, 52 985.04, 985.045, and 985.345, F.S.; conforming 53 provisions to changes made by the act; providing an 54 effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Paragraph (b) of subsection (1) of section 59 943.0515, Florida Statutes, is amended to read: 60 943.0515 Retention of criminal history records of minors.— 61 (1) 62 (b) If the minor is not classified as a serious or habitual 63 juvenile offender or committed to a juvenile correctional 64 facility or juvenile prison under chapter 985, the program shall 65 retain the minor’s criminal history record for 25years after 66 the date the minor reaches 19 years of age, at which time the 67 record mustshallbe expunged unless it meets the criteria of 68 paragraph (2)(a) or paragraph (2)(b). 69 Section 2. Section 943.0584, Florida Statutes, is created 70 to read: 71 943.0584 Nonjudicial expunction of criminal history 72 records.— 73 (1) NONJUDICIAL EXPUNCTION.—Notwithstanding any law dealing 74 generally with the preservation and destruction of public 75 records, the department may adopt a rule pursuant to chapter 120 76 for the nonjudicial expunction of any criminal history record of 77 a minor or an adult described in this section. 78 (2) ELIGIBILITY.—The department must approve the 79 nonjudicial expunction of a criminal history record if: 80 (a) An indictment, information, or other charging document 81 was not filed or issued in the case. 82 (b) An indictment, information, or other charging document 83 was filed or issued in the case, but was subsequently dismissed 84 or nolle prosequi by the state attorney or statewide prosecutor, 85 or was dismissed or discharged by a court of competent 86 jurisdiction; however, a person may not obtain an expunction 87 under this paragraph for a dismissal pursuant to s. 916.145 or 88 s. 985.19. 89 (c) An information, indictment, or other charging document 90 was not filed or was dismissed by the state attorney, or 91 dismissed by the court, because it was found that the person 92 acted in lawful self-defense pursuant to the provisions related 93 to justifiable use of force in chapter 776. 94 (d) A not guilty verdict was rendered subsequent to a trial 95 or adjudicatory hearing; however, a person may not obtain an 96 expunction under this paragraph for a verdict of not guilty by 97 reason of insanity. 98 99 A person may not obtain a nonjudicial expunction under this 100 subsection unless all charges stemming from the arrest or 101 alleged criminal activity to which the application for 102 expunction pertains were not filed or issued, dismissed, or 103 discharged, or resulted in an acquittal, as provided herein. 104 (3) LIMITATION.—There is no limitation on the number of 105 times that a person may obtain a nonjudicial expunction for a 106 criminal history record described in paragraphs (2)(a)-(d). An 107 applicant seeking to have multiple records expunged may submit a 108 single application to the department for the expunction of all 109 such records. The department must approve the nonjudicial 110 expunction of all eligible records pertaining to the applicant. 111 (4) APPLICATION FOR NONJUDICIAL EXPUNCTION.—An adult or, in 112 the case of a minor child, his or her parent or legal guardian, 113 who is seeking to expunge a criminal history record under this 114 section shall apply to the department in the manner prescribed 115 by rule. Such applications must be accompanied by: 116 (a)1. For the expunction of a record described in 117 subsection (2), other than a record described in paragraph 118 (2)(c), a written, certified statement from the appropriate 119 state attorney or the statewide prosecutor which indicates that 120 the criminal history record sought to be expunged is eligible 121 under this section. 122 2. For the expunction of a record described in paragraph 123 (2)(c), a written, certified statement from the appropriate 124 state attorney or the statewide prosecutor which indicates that 125 an information, indictment, or other charging document was not 126 filed or was dismissed by the state attorney or the court 127 because it was found that the person acted in lawful self 128 defense pursuant to the provisions related to justifiable use of 129 force in chapter 776. 130 (b) A processing fee of $75, payable to the department, for 131 placement in the Department of Law Enforcement Operating Trust 132 Fund, unless such fee is waived by the executive director. 133 (c) A certified copy of the disposition of the charge to 134 which the application to expunge pertains. 135 (d) A full set of fingerprints of the applicant, taken by a 136 law enforcement agency, for purposes of identity verification. 137 (5) PROCESSING OF A NONJUDICIAL EXPUNCTION.—If the 138 department approves an application for nonjudicial expunction, a 139 certified copy of the form approving the nonjudicial expunction 140 shall be forwarded to the appropriate state attorney or the 141 statewide prosecutor, the arresting agency, and the clerk of the 142 court. The arresting agency is responsible for forwarding the 143 form approving the nonjudicial expunction to any other agency to 144 which the arresting agency disseminated the pertinent criminal 145 history record information. The department shall forward the 146 form approving the nonjudicial expunction to the Federal Bureau 147 of Investigation. The clerk of the court shall forward a copy of 148 the form to any other agency that the records of the court 149 reflect received the criminal history record from the court. 150 (6) EFFECT OF NONJUDICIAL EXPUNCTION.—A confidential and 151 exempt criminal history record expunged under this section has 152 the same effect, and such record may be disclosed by the 153 department in the same manner, as a record expunged under s. 154 943.0585. 155 (7) STATUTORY REFERENCES.—Any reference to any other 156 chapter, section, or subdivision of the Florida Statutes in this 157 section constitutes a general reference under the doctrine of 158 incorporation by reference. 159 Section 3. Section 943.0585, Florida Statutes, is amended 160 to read: 161 (Substantial rewording of section. See 162 s. 943.0585, F.S., for present text.) 163 943.0585 Court-ordered expunction of criminal history 164 records.— 165 (1) JURISDICTION.—The courts of this state have 166 jurisdiction over their own procedures, including the 167 maintenance, expunction, and correction of judicial records 168 containing criminal history information to the extent that such 169 procedures are not inconsistent with the conditions, 170 responsibilities, and duties established by this section. A 171 court of competent jurisdiction may order a criminal justice 172 agency to expunge the criminal history record of a minor or an 173 adult who complies with the requirements of this section. 174 (2) ELIGIBILITY.— 175 (a)1. Except as provided in paragraph (b), a court may 176 order the expunction of a criminal history record if the person 177 was found guilty of or found to have committed, or pled guilty 178 or pled nolo contendere to, an offense; and 179 2. None of the charges stemming from the arrest or alleged 180 criminal activity to which the petition to expunge pertains 181 resulted in an adjudication of guilt or delinquency. 182 (b) A court may not order the expunction of a criminal 183 history record if: 184 1. The person has, at any time before the date on which the 185 application for a certificate of eligibility is filed, been 186 adjudicated guilty for a felony offense or adjudicated 187 delinquent for an offense that would be a felony if committed by 188 an adult before applying for a certificate of eligibility; or 189 2. The record relates to a serious offense in which the 190 person was found guilty of or adjudicated delinquent of, or pled 191 guilty or pled nolo contendere to, the offense, regardless of 192 whether adjudication was withheld. For purposes of this 193 subparagraph, the term “serious offense” means a violation of s. 194 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, 195 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, 196 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, 197 s. 916.1075, a violation enumerated in s. 907.041, or any 198 violation specified as a predicate offense for registration as a 199 sexual predator pursuant to s. 775.21, without regard to whether 200 that offense, alone, is sufficient to require such registration, 201 or for registration as a sexual offender pursuant to s. 202 943.0435. 203 (3) LIMITATIONS.—A court may order the expunction of only 204 one criminal history record described in paragraph (2)(a). A 205 person seeking an expunction under this section is not barred 206 from relief if the same criminal history record has previously 207 been approved for a nonjudicial sealing pursuant to s. 943.059. 208 The record expunged must pertain to one arrest or one incident 209 of alleged criminal activity. However, the court may, at its 210 sole discretion, order the expunction of a criminal history 211 record pertaining to more than one arrest or one incident of 212 alleged criminal activity if the additional arrests directly 213 relate to the original arrest. If the court intends to order the 214 expunction of records pertaining to such additional arrests, 215 such intent must be specified in the order. A criminal justice 216 agency may not expunge a record pertaining to such additional 217 arrests if the order to expunge does not articulate the 218 intention of the court to expunge a record pertaining to more 219 than one arrest. This subsection does not prevent the court from 220 ordering the expunction of only a portion of a criminal history 221 record pertaining to one arrest. 222 (4) CERTIFICATE OF ELIGIBILITY.— 223 (a) A person seeking to expunge a criminal history record 224 under this section shall apply to the department for a 225 certificate of eligibility for expunction before petitioning the 226 court for expunction. The department shall issue a certificate 227 of eligibility for expunction to a person who is the subject of 228 a criminal history record if that person: 229 1. Has obtained and submitted to the department a written, 230 certified statement from the appropriate state attorney or the 231 statewide prosecutor which indicates that the criminal history 232 record is eligible for expunction under subsection (2). 233 2. Remits a $75 processing fee to the department, for 234 placement in the Department of Law Enforcement Operating Trust 235 Fund, unless such fee is waived by the executive director. 236 3. Has submitted to the department a certified copy of the 237 disposition of the charge to which the petition to expunge 238 pertains. 239 4. Has never secured a prior sealing or expunction of a 240 criminal history record under this section, s. 943.059, former 241 s. 893.14, former s. 901.33, or former s. 943.058, unless 242 expunction is sought of a criminal history record that had been 243 previously sealed under former paragraph (2)(h) and the record 244 is otherwise eligible for expunction. 245 5. Is no longer under court supervision applicable to the 246 disposition of the arrest or alleged criminal activity to which 247 the petition to expunge pertains. 248 6. Has not been arrested for or charged with a criminal 249 offense in any jurisdiction of the state or within the United 250 States from the date the person completed all sentences of 251 imprisonment or supervisory sanctions imposed by the court for 252 the offense to which the petition to expunge pertains to the 253 date of the application for the certificate of eligibility, 254 which period of time must be at least 1 year. 255 7. Has submitted a full set of fingerprints taken by a law 256 enforcement agency for purposes of identity verification. 257 (b) A certificate of eligibility for expunction is valid 258 for 12 months after the date that the certificate is issued by 259 the department. After that time, the petitioner must reapply to 260 the department for a new certificate of eligibility. Eligibility 261 for a renewed certification of eligibility must be based on the 262 status of the applicant and the law in effect at the time of the 263 renewal application. 264 (c) The department shall, by rule adopted pursuant to 265 chapter 120, establish procedures pertaining to the application 266 for and issuance of certificates of eligibility for expunction. 267 (5) PETITION.— 268 (a) The court may not order a criminal justice agency to 269 expunge a criminal history record under this section until the 270 person seeking to expunge the record has applied for and 271 received a certificate of eligibility for expunction pursuant to 272 subsection (4). A petition to a court to expunge a criminal 273 history record is complete only when accompanied by: 274 1. A valid certificate of eligibility for expunction issued 275 by the department pursuant to subsection (4). 276 2. The petitioner’s sworn statement attesting that: 277 a. The criminal history record sought to be expunged is 278 eligible under subsection (2). 279 b. The petitioner is eligible for the expunction under 280 subsection (3). 281 c. The petitioner has not been arrested for or charged with 282 a criminal offense in any jurisdiction of the state or within 283 the United States from the date that the person completed all 284 sentences of imprisonment or supervisory sanctions imposed by 285 the court for the offense to which the petition to expunge 286 pertains to the date of the application for the certificate of 287 eligibility, which period of time must be at least 1 year. 288 (b) A person who knowingly provides false information on 289 the sworn statement required by subparagraph (a)2. commits a 290 felony of the third degree, punishable as provided in s. 291 775.082, s. 775.083, or s. 775.084. 292 (6) PROCESSING.— 293 (a) In judicial proceedings under this section, a copy of 294 the completed petition to expunge shall be served upon the 295 appropriate state attorney or the statewide prosecutor, and the 296 arresting agency; however, it is not necessary to make any 297 agency other than the state a party. The appropriate state 298 attorney or the statewide prosecutor, and the arresting agency 299 may respond to the court regarding the completed petition to 300 expunge. 301 (b) If relief is granted by the court, the clerk of the 302 court shall certify copies of the order to the appropriate state 303 attorney or the statewide prosecutor, and the arresting agency. 304 The arresting agency is responsible for forwarding the order to 305 any other agency to which the arresting agency disseminated the 306 criminal history record information to which the order pertains. 307 The department shall forward the order to expunge to the Federal 308 Bureau of Investigation. The clerk of the court shall certify a 309 copy of the order to any other agency which the records of the 310 court reflect has received the criminal history record from the 311 court. 312 (c) The department or any other criminal justice agency is 313 not required to act on an order to expunge entered by a court if 314 it does not comply with this section. Upon receipt of such an 315 order, the department must notify the issuing court, the 316 appropriate state attorney or the statewide prosecutor; the 317 petitioner or the petitioner’s attorney; and the arresting 318 agency of the reason for noncompliance. The appropriate state 319 attorney or the statewide prosecutor shall take action within 60 320 days after receiving the order to correct the record and 321 petition the court to void the order. A cause of action, 322 including contempt of court, does not arise against a criminal 323 justice agency for failure to comply with an order to expunge if 324 the petitioner failed to obtain the certificate of eligibility 325 as required by this section or the order does not otherwise 326 comply with this section. 327 (7) EFFECT OF EXPUNCTION.— 328 (a) Any criminal history record of a minor or an adult 329 which is ordered expunged by a court of competent jurisdiction 330 pursuant to this section must be physically destroyed or 331 obliterated by any criminal justice agency having custody of the 332 record; however, any criminal history record in the custody of 333 the department must be retained in all cases. 334 (b) The person who is the subject of a criminal history 335 record that is expunged under this section or under other 336 provisions of law, including s. 943.0584, former s. 893.14, 337 former s. 901.33, and former s. 943.058, may lawfully deny or 338 fail to acknowledge the arrests covered by the expunged record, 339 unless the subject of the record: 340 1. Is a candidate for employment with a criminal justice 341 agency; 342 2. Is a defendant in a criminal prosecution; 343 3. Concurrently or subsequently seeks relief under this 344 section, s. 943.0583, or s. 943.059; 345 4. Is a candidate for admission to The Florida Bar; 346 5. Is seeking to be employed or licensed by or to contract 347 with the Department of Children and Families, the Division of 348 Vocational Rehabilitation within the Department of Education, 349 the Agency for Health Care Administration, the Agency for 350 Persons with Disabilities, the Department of Health, the 351 Department of Elderly Affairs, or the Department of Juvenile 352 Justice, or to be employed or used by such contractor or 353 licensee in a sensitive position having direct contact with 354 children, the disabled, or the elderly; 355 6. Is seeking to be employed or licensed by the Department 356 of Education, any district school board, any university 357 laboratory school, any charter school, any private or parochial 358 school, or any local governmental entity that licenses child 359 care facilities; 360 7. Is seeking to be licensed by the Division of Insurance 361 Agent and Agency Services within the Department of Financial 362 Services; or 363 8. Is seeking to be appointed as a guardian pursuant to s. 364 744.3125. 365 (c) Subject to the exceptions in paragraph (b), a person 366 who has been granted an expunction under this section, s. 367 943.0584, former s. 893.14, former s. 901.33, or former s. 368 943.058 may not be held under any law of this state for 369 committing perjury or to be otherwise liable for giving a false 370 statement by reason of such person’s failure to recite or 371 acknowledge an expunged criminal history record. 372 (d) Notwithstanding any law to the contrary, a criminal 373 justice agency may comply with laws, court orders, and official 374 requests of other jurisdictions relating to expunction, 375 correction, or confidential handling of criminal history records 376 or information derived therefrom. 377 (8) STATUTORY REFERENCES.—Any reference to any other 378 chapter, section, or subdivision of the Florida Statutes in this 379 section constitutes a general reference under the doctrine of 380 incorporation by reference. 381 (9) NO RIGHT TO EXPUNCTION.—This section does not confer a 382 right to the expunction of a criminal history record, and a 383 request for expunction of a criminal history record may be 384 denied at the sole discretion of the court. 385 Section 4. Section 943.059, Florida Statutes, is amended to 386 read: 387 (Substantial rewording of section. See 388 s. 943.059, F.S., for present text.) 389 943.059 Nonjudicial sealing of criminal history records.— 390 (1) NONJUDICIAL SEALING.—Notwithstanding any law dealing 391 generally with the preservation and destruction of public 392 records, the department may adopt a rule pursuant to chapter 120 393 for the nonjudicial sealing of any criminal history record of a 394 minor or an adult described in this section. 395 (2) ELIGIBILITY.— 396 (a) Except as provided in paragraph (b), the department 397 must approve the nonjudicial sealing of a criminal history 398 record if: 399 1.a. The person was found guilty of, found to have 400 committed, pled guilty to, or pled nolo contendere to an 401 offense; 402 b. None of the charges stemming from the arrest or alleged 403 criminal activity to which the application for nonjudicial 404 sealing pertains resulted in an adjudication of guilt or 405 delinquency; or 406 2. The person was adjudicated guilty or adjudicated 407 delinquent for a nonviolent misdemeanor. For purposes of this 408 subparagraph, the term “nonviolent misdemeanor” means a 409 misdemeanor violation of: 410 a. Section 562.11(2), s. 562.111, s. 806.101, s. 806.13, s. 411 810.08, s. 810.09, s. 810.10, s. 810.11, s. 810.115, s. 810.13, 412 s. 812.014(3)(a), s. 823.01, s. 823.02, s. 856.011, s. 856.015, 413 s. 870.02, s. 893.13(3), s. 893.13(6)(b), or s. 893.147(1), in 414 which the petitioner was adjudicated guilty or adjudicated 415 delinquent; or 416 b. An offense found in chapters 316-324 for which the 417 petitioner was adjudicated guilty or adjudicated delinquent, 418 unless the violation of such offense directly caused serious 419 bodily injury or death to a person. 420 (b) A criminal history record may not be approved for a 421 nonjudicial sealing pursuant to this section if: 422 1. The person seeking the sealing has, at any time before 423 the date on which the application for nonjudicial sealing is 424 filed, been adjudicated guilty for a felony offense or 425 adjudicated delinquent for an offense which would be a felony if 426 committed by an adult; or 427 2. The record relates to a serious offense in which the 428 person was found guilty of or adjudicated delinquent of, or pled 429 guilty or pled nolo contendere to the offense, regardless of 430 whether adjudication was withheld. For purposes of this 431 subparagraph, the term “serious offense” means a violation of s. 432 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, 433 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, 434 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, 435 s. 916.1075, a violation enumerated in s. 907.041, or any 436 violation specified as a predicate offense for registration as a 437 sexual predator pursuant to s. 775.21, without regard to whether 438 that offense, alone, is sufficient to require such registration, 439 or for registration as a sexual offender pursuant to s. 440 943.0435. 441 (3) LIMITATIONS.—The department may approve the sealing of 442 only one criminal history record described in paragraph (2)(a). 443 Each record sealed must pertain to one arrest or one incident of 444 alleged criminal activity. However, if the department receives 445 supporting documentation as described in paragraph (4)(b) 446 stating that additional arrests are directly related to the 447 arrest sought to be expunged, the department must approve the 448 sealing of a criminal history record pertaining to the 449 additional arrests. If the department approves the sealing of 450 records pertaining to such additional arrests, such intent must 451 be specified in the approval form. A criminal justice agency may 452 not seal any record pertaining to such additional arrests if the 453 department has not approved sealing records pertaining to more 454 than one arrest. 455 (4) APPLICATION.—An adult or, in the case of a minor child, 456 his or her parent or legal guardian, who is seeking to seal a 457 criminal history record under this section shall apply to the 458 department in the manner prescribed by rule. An application for 459 nonjudicial sealing shall be accompanied by: 460 (a) A written, certified statement from the appropriate 461 state attorney or the statewide prosecutor which indicates that 462 the criminal history record sought to be sealed is eligible 463 under subsection (2). 464 (b) A written, certified statement from the appropriate 465 state attorney or the statewide prosecutor that indicates that 466 any additional arrests the applicant seeks to seal are directly 467 related to the original arrest, if applicable. If the state 468 attorney or statewide prosecutor does not confirm that the 469 additional arrests are directly related, the person applying for 470 the sealing has the right to appeal this decision to the circuit 471 court. 472 (c) A processing fee of $75 to the department, for 473 placement in the Department of Law Enforcement Operating Trust 474 Fund, unless the fee is waived by the executive director. 475 (d) A certified copy of the disposition of the charge to 476 which the application to seal pertains. 477 (e) A full set of fingerprints of the applicant, taken by a 478 law enforcement agency, for purposes of identity verification. 479 (f) A sworn, written statement from the person seeking the 480 sealing that he or she: 481 1. Is no longer under court supervision applicable to the 482 disposition of the arrest or alleged criminal activity to which 483 the application to seal pertains. 484 2. Has never secured a prior sealing or expunction of a 485 criminal history record under this section, s. 943.0585, former 486 s. 893.14, former 901.33, or former 943.058. 487 3. Has not been arrested for or charged with a criminal 488 offense in any jurisdiction of the state or within the United 489 States from the date the person completed all sentences of 490 imprisonment or supervisory sanctions imposed by the court for 491 the offense to which the application for nonjudicial sealing 492 pertains to the date of the application for the nonjudicial 493 sealing, which period of time must be at least 1 year. 494 (g) A person who knowingly provides false information on 495 the sworn statement required by paragraph (f) commits a felony 496 of the third degree, punishable as provided in s. 775.082, s. 497 775.083, or s. 775.084. 498 (5) PROCESSING.— 499 (a) If the department approves an application for a 500 nonjudicial sealing, a certified copy of the form approving the 501 nonjudicial sealing shall be forwarded to the appropriate state 502 attorney or the statewide prosecutor, the arresting agency, and 503 the clerk of the court. The arresting agency is responsible for 504 forwarding the form approving the nonjudicial sealing to any 505 other agency to which the arresting agency disseminated the 506 pertinent criminal history record information. The department 507 shall forward the form approving the nonjudicial sealing to the 508 Federal Bureau of Investigation. The clerk of the court shall 509 forward a copy of the form to any other agency that the records 510 of the court reflect received the criminal history record from 511 the court. 512 (b) The nonjudicial sealing of a criminal history record 513 pursuant to this section does not require that such record be 514 surrendered to the court, and the record must continue to be 515 maintained by the department and other criminal justice 516 agencies. 517 (6) EFFECT OF SEALING.— 518 (a) The person who is the subject of a criminal history 519 record that is sealed under this section or under other 520 provisions of law, including former s. 893.14, former s. 901.33, 521 and former s. 943.058, may lawfully deny or fail to acknowledge 522 the arrests covered by the sealed record, unless the subject of 523 the record: 524 1. Is a candidate for employment with a criminal justice 525 agency; 526 2. Is a defendant in a criminal prosecution; 527 3. Concurrently or subsequently seeks relief under this 528 section, s. 943.0583, s. 943.0584, or s. 943.0585; 529 4. Is a candidate for admission to The Florida Bar; 530 5. Is seeking to be employed or licensed by or to contract 531 with the Department of Children and Families, the Division of 532 Vocational Rehabilitation within the Department of Education, 533 the Agency for Health Care Administration, the Agency for 534 Persons with Disabilities, the Department of Health, the 535 Department of Elderly Affairs, or the Department of Juvenile 536 Justice, or to be employed or used by such contractor or 537 licensee in a sensitive position having direct contact with 538 children, the disabled, or the elderly; 539 6. Is seeking to be employed or licensed by the Department 540 of Education, any district school board, any university 541 laboratory school, any charter school, any private or parochial 542 school, or any local governmental entity that licenses child 543 care facilities; 544 7. Is attempting to purchase a firearm from a licensed 545 importer, licensed manufacturer, or licensed dealer and is 546 subject to a criminal history check under state or federal law; 547 8. Is seeking to be licensed by the Division of Insurance 548 Agent and Agency Services within the Department of Financial 549 Services; 550 9. Is seeking to be appointed as a guardian pursuant to s. 551 744.3125; or 552 10. Is seeking to be licensed by the Bureau of License 553 Issuance of the Division of Licensing within the Department of 554 Agriculture and Consumer Services to carry a concealed weapon or 555 concealed firearm. This subparagraph applies only in the 556 determination of an applicant’s eligibility under s. 790.06. 557 (b) Subject to the exceptions in paragraph (a), a person 558 who has been granted a sealing under this section, former s. 559 893.14, former s. 901.33, or former s. 943.058 may not be held 560 under any provision of law of this state to commit perjury or to 561 be otherwise liable for giving a false statement by reason of 562 such person’s failure to recite or acknowledge a sealed criminal 563 history record. 564 (c) Notwithstanding any law to the contrary, a criminal 565 justice agency may comply with laws, court orders, and official 566 requests of other jurisdictions relating to sealing, correction, 567 or confidential handling of criminal history records or 568 information derived therefrom. 569 (7) STATUTORY REFERENCES.—Any reference to any other 570 chapter, section, or subdivision of the Florida Statutes in this 571 section constitutes a general reference under the doctrine of 572 incorporation by reference. 573 Section 5. Subsection (3) of section 776.09, Florida 574 Statutes, is amended to read: 575 776.09 Retention of records pertaining to persons found to 576 be acting in lawful self-defense; expunction of criminal history 577 records.— 578 (3) Under either condition described in subsection (1) or 579 subsection (2), the person accused may apply for the nonjudicial 580 expunction ofa certificate of eligibility to expungethe 581 associated criminal history record, pursuant to s. 582 943.0584(2)(c)943.0585(5), notwithstanding the eligibility 583 requirements prescribed in s. 943.0584(2) and (4)(a)2 584943.0585(1)(b) or (2). 585 Section 6. Subsection (1) of section 790.23, Florida 586 Statutes, is amended to read: 587 790.23 Felons and delinquents; possession of firearms, 588 ammunition, or electric weapons or devices unlawful.— 589 (1) It is unlawful for any person to own or to have in his 590 or her care, custody, possession, or control any firearm, 591 ammunition, or electric weapon or device, or to carry a 592 concealed weapon, including a tear gas gun or chemical weapon or 593 device, if that person has been: 594 (a) Convicted of a felony in the courts of this state; 595 (b)1. Found, in the courts of this state, to have committed 596 a delinquent act that would be a felony if committed by an 597 adult, meets the description of s. 943.0515(1)(a), andsuch598personis under 24 years of age; or 599 2. Found, in the courts of this state, to have committed a 600 delinquent act that would be a felony if committed by an adult, 601 meets the description of s. 943.0515(1)(b), and is under 21 602 years of age; 603 (c) Convicted of or found to have committed a crime against 604 the United States which is designated as a felony; 605 (d)1. Found to have committed a delinquent act in another 606 state, territory, or country that was punishable by imprisonment 607 for a term exceeding 1 year and would be a felony if committed 608 by an adult, meets the description of s. 943.0515(1)(a),and609which was punishable by imprisonment for a term exceeding 1 year610 andsuch personis under 24 years of age;or611 2. Found to have committed a delinquent act in another 612 state, territory, or country that was punishable by imprisonment 613 for a term exceeding 1 year and would be a felony if committed 614 by an adult, meets the description of s. 943.0515(1)(b), and is 615 under 21 years of age; or 616 (e) Found guilty of an offense that is a felony in another 617 state, territory, or country and which was punishable by 618 imprisonment for a term exceeding 1 year. 619 Section 7. Section 943.0582, Florida Statutes, is amended 620 to read: 621 943.0582 Prearrest, postarrest, or teen court diversion 622 program expunction.— 623 (1) Notwithstanding any law dealing generally with the 624 preservation and destruction of public records, the department 625 may provide, by rule adopted pursuant to chapter 120, for the 626 expunction of any nonjudicial record of the arrest of a minor 627 who has successfully completed a prearrest or postarrest 628 diversion program for minors as authorized by s. 985.125. 629 (2)(a) As used in this section, the term “expunction” has 630 the same meaning ascribed in and effect as ss. 943.0584 ands.631 943.0585, except that: 632 1. The provisions of s. 943.0585(7)(b)943.0585(4)(a)do 633 not apply, except that the criminal history record of a person 634 whose record is expunged pursuant to this section shall be made 635 available only to criminal justice agencies for the purpose of 636 determining eligibility for prearrest, postarrest, or teen court 637 diversion programs; when the record is sought as part of a 638 criminal investigation; or when the subject of the record is a 639 candidate for employment with a criminal justice agency. For all 640 other purposes, a person whose record is expunged under this 641 section may lawfully deny or fail to acknowledge the arrest and 642 the charge covered by the expunged record. 643 2. Records maintained by local criminal justice agencies in 644 the county in which the arrest occurred that are eligible for 645 expunction pursuant to this section shall be sealed as the term 646 is used in s. 943.059. 647 (b) As used in this section, the term “nonviolent 648 misdemeanor” includes simple assault or battery when prearrest 649 or postarrest diversion expunction is approved in writing by the 650 state attorney for the county in which the arrest occurred. 651 (3) The department shall expunge the nonjudicial arrest 652 record of a minor who has successfully completed a prearrest or 653 postarrest diversion program if that minor: 654 (a) Submits an application for prearrest or postarrest 655 diversion expunction, on a form prescribed by the department, 656 signed by the minor’s parent or legal guardian, or by the minor 657 if he or she has reached the age of majority at the time of 658 applying. 659 (b) Submits the application for prearrest or postarrest 660 diversion expunction no later than 12 months after completion of 661 the diversion program. 662 (c) Submits to the department, with the application, an 663 official written statement from the state attorney for the 664 county in which the arrest occurred certifying that he or she 665 has successfully completed that county’s prearrest or postarrest 666 diversion program, that his or her participation in the program 667 was based on an arrest for a nonviolent misdemeanor, and that he 668 or she has not otherwise been charged by the state attorney with 669 or found to have committed any criminal offense or comparable 670 ordinance violation. 671 (d) Participated in a prearrest or postarrest diversion 672 program that expressly authorizes or permits such expunction to 673 occur. 674 (e) Participated in a prearrest or postarrest diversion 675 program based on an arrest for a nonviolent misdemeanor that 676 would not qualify as an act of domestic violence as that term is 677 defined in s. 741.28. 678 (f) Has never, prior to filing the application for 679 expunction, been charged by the state attorney with or been 680 found to have committed any criminal offense or comparable 681 ordinance violation. 682 (4) The department mayis authorized tocharge a $75 683 processing fee for each request received for prearrest or 684 postarrest diversion program expunction, for placement in the 685 Department of Law Enforcement Operating Trust Fund, unless such 686 fee is waived by the executive director. 687 (5) Expunction or sealing granted under this section does 688 not prevent the minor who receives such relief from seeking 689petitioning forthe expunction or sealing of a later criminal 690 history record as provided for in ss. 943.0583, 943.0584, 691 943.0585, and 943.059, if the minor is otherwise eligible under 692 those sections. 693 Section 8. Paragraph (b) of subsection (6) and paragraph 694 (b) of subsection (7) of section 948.08, Florida Statutes, are 695 amended to read: 696 948.08 Pretrial intervention program.— 697 (6) 698 (b) While enrolled in a pretrial intervention program 699 authorized by this subsection, the participant is subject to a 700 coordinated strategy developed by a drug court team under s. 701 397.334(4). The coordinated strategy may include a protocol of 702 sanctions that may be imposed upon the participant for 703 noncompliance with program rules. The protocol of sanctions may 704 include, but is not limited to, placement in a substance abuse 705 treatment program offered by a licensed service provider as 706 defined in s. 397.311 or in a jail-based treatment program or 707 serving a period of incarceration within the time limits 708 established for contempt of court. The coordinated strategy must 709 be provided in writing to the participant before the participant 710 agrees to enter into a pretrial treatment-based drug court 711 program or other pretrial intervention program. Any person whose 712 charges are dismissed after successful completion of the 713 treatment-based drug court program, if otherwise eligible, may 714 have his or her arrest record and plea of nolo contendere to the 715 dismissed charges expunged under s. 943.0584943.0585. 716 (7) 717 (b) While enrolled in a pretrial intervention program 718 authorized by this subsection, the participant shall be subject 719 to a coordinated strategy developed by a veterans’ treatment 720 intervention team. The coordinated strategy should be modeled 721 after the therapeutic jurisprudence principles and key 722 components in s. 397.334(4), with treatment specific to the 723 needs of servicemembers and veterans. The coordinated strategy 724 may include a protocol of sanctions that may be imposed upon the 725 participant for noncompliance with program rules. The protocol 726 of sanctions may include, but need not be limited to, placement 727 in a treatment program offered by a licensed service provider or 728 in a jail-based treatment program or serving a period of 729 incarceration within the time limits established for contempt of 730 court. The coordinated strategy must be provided in writing to 731 the participant before the participant agrees to enter into a 732 pretrial veterans’ treatment intervention program or other 733 pretrial intervention program. Any person whose charges are 734 dismissed after successful completion of the pretrial veterans’ 735 treatment intervention program, if otherwise eligible, may have 736 his or her arrest record of the dismissed charges expunged under 737 s. 943.0584943.0585. 738 Section 9. Paragraph (b) of subsection (1) and paragraph 739 (b) of subsection (2) of section 948.16, Florida Statutes, are 740 amended to read: 741 948.16 Misdemeanor pretrial substance abuse education and 742 treatment intervention program; misdemeanor pretrial veterans’ 743 treatment intervention program.— 744 (1) 745 (b) While enrolled in a pretrial intervention program 746 authorized by this section, the participant is subject to a 747 coordinated strategy developed by a drug court team under s. 748 397.334(4). The coordinated strategy may include a protocol of 749 sanctions that may be imposed upon the participant for 750 noncompliance with program rules. The protocol of sanctions may 751 include, but is not limited to, placement in a substance abuse 752 treatment program offered by a licensed service provider as 753 defined in s. 397.311 or in a jail-based treatment program or 754 serving a period of incarceration within the time limits 755 established for contempt of court. The coordinated strategy must 756 be provided in writing to the participant before the participant 757 agrees to enter into a pretrial treatment-based drug court 758 program or other pretrial intervention program. Any person whose 759 charges are dismissed after successful completion of the 760 treatment-based drug court program, if otherwise eligible, may 761 have his or her arrest record and plea of nolo contendere to the 762 dismissed charges expunged under s. 943.0584943.0585. 763 (2) 764 (b) While enrolled in a pretrial intervention program 765 authorized by this section, the participant shall be subject to 766 a coordinated strategy developed by a veterans’ treatment 767 intervention team. The coordinated strategy should be modeled 768 after the therapeutic jurisprudence principles and key 769 components in s. 397.334(4), with treatment specific to the 770 needs of veterans and servicemembers. The coordinated strategy 771 may include a protocol of sanctions that may be imposed upon the 772 participant for noncompliance with program rules. The protocol 773 of sanctions may include, but need not be limited to, placement 774 in a treatment program offered by a licensed service provider or 775 in a jail-based treatment program or serving a period of 776 incarceration within the time limits established for contempt of 777 court. The coordinated strategy must be provided in writing to 778 the participant before the participant agrees to enter into a 779 misdemeanor pretrial veterans’ treatment intervention program or 780 other pretrial intervention program. Any person whose charges 781 are dismissed after successful completion of the misdemeanor 782 pretrial veterans’ treatment intervention program, if otherwise 783 eligible, may have his or her arrest record of the dismissed 784 charges expunged under s. 943.0584943.0585. 785 Section 10. Paragraph (e) of subsection (1) of section 786 961.06, Florida Statutes, is amended to read: 787 961.06 Compensation for wrongful incarceration.— 788 (1) Except as otherwise provided in this act and subject to 789 the limitations and procedures prescribed in this section, a 790 person who is found to be entitled to compensation under the 791 provisions of this act is entitled to: 792 (e) Notwithstanding any provision to the contrary in s. 793 943.0583, 943.0584, or s. 943.0585, immediate administrative 794 expunction of the person’s criminal record resulting from his or 795 her wrongful arrest, wrongful conviction, and wrongful 796 incarceration. The Department of Legal Affairs and the 797 Department of Law Enforcement shall, upon a determination that a 798 claimant is entitled to compensation, immediately take all 799 action necessary to administratively expunge the claimant’s 800 criminal record arising from his or her wrongful arrest, 801 wrongful conviction, and wrongful incarceration. All fees for 802 this process shall be waived. 803 804 The total compensation awarded under paragraphs (a), (c), and 805 (d) may not exceed $2 million. No further award for attorney 806attorney’sfees, lobbying fees, costs, or other similar expenses 807 shall be made by the state. 808 Section 11. Paragraph (b) of subsection (7) of section 809 985.04, Florida Statutes, is amended to read: 810 985.04 Oaths; records; confidential information.— 811 (7) 812 (b) The destruction of records pertaining to children 813 committed to or supervised by the department pursuant to a court 814 order, which records are retained until a child reaches the age 815 of 2124years or until a serious or habitual delinquent child 816 reaches the age of 26 years, shall be subject to chapter 943. 817 Section 12. Subsection (1) of section 985.045, Florida 818 Statutes, is amended to read: 819 985.045 Court records.— 820 (1) The clerk of the court shall make and keep records of 821 all cases brought before it under this chapter. The court shall 822 preserve the records pertaining to a child charged with 823 committing a delinquent act or violation of law until the child 824 reaches 2124years of age or reaches 26 years of age if he or 825 she is a serious or habitual delinquent child, until 5 years 826 after the last entry was made, or until 3 years after the death 827 of the child, whichever is earlier, and may then destroy them, 828 except that records made of traffic offenses in which there is 829 no allegation of delinquency may be destroyed as soon as this 830 can be reasonably accomplished. The court shall make official 831 records of all petitions and orders filed in a case arising 832 under this chapter and of any other pleadings, certificates, 833 proofs of publication, summonses, warrants, and writs that are 834 filed pursuant to the case. 835 Section 13. Subsection (2) of section 985.345, Florida 836 Statutes, is amended to read: 837 985.345 Delinquency pretrial intervention program.— 838 (2) While enrolled in a delinquency pretrial intervention 839 program authorized by this section, a child is subject to a 840 coordinated strategy developed by a drug court team under s. 841 397.334(4). The coordinated strategy may include a protocol of 842 sanctions that may be imposed upon the child for noncompliance 843 with program rules. The protocol of sanctions may include, but 844 is not limited to, placement in a substance abuse treatment 845 program offered by a licensed service provider as defined in s. 846 397.311 or serving a period of secure detention under this 847 chapter. The coordinated strategy must be provided in writing to 848 the child before the child agrees to enter the pretrial 849 treatment-based drug court program or other pretrial 850 intervention program. Any child whose charges are dismissed 851 after successful completion of the treatment-based drug court 852 program, if otherwise eligible, may have his or her arrest 853 record and plea of nolo contendere to the dismissed charges 854 expunged under s. 943.0584943.0585. 855 Section 14. This act shall take effect October 1, 2015.