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 2 5 years after
   66  the date the minor reaches 19 years of age, at which time the
   67  record must shall be 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 of a certificate of eligibility to expunge the
  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
  584  943.0585(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), and such
  598  person is 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), and
  609  which was punishable by imprisonment for a term exceeding 1 year
  610  and such person is under 24 years of age; or
  611         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 and s.
  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 may is authorized to charge 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
  689  petitioning for the 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. 943.0584 943.0585.
  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. 943.0584 943.0585.
  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. 943.0584 943.0585.
  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. 943.0584 943.0585.
  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
  806  attorney’s fees, 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 21 24 years 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 21 24 years 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. 943.0584 943.0585.
  855         Section 14. This act shall take effect October 1, 2015.

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