Bill Text: FL S0812 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Expunction
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Judiciary [S0812 Detail]
Download: Florida-2014-S0812-Introduced.html
Bill Title: Expunction
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Judiciary [S0812 Detail]
Download: Florida-2014-S0812-Introduced.html
Florida Senate - 2014 SB 812 By Senator Detert 28-01286A-14 2014812__ 1 A bill to be entitled 2 An act relating to court-ordered expunction of 3 criminal history records; amending s. 943.0585, F.S.; 4 revising the information that must be provided in the 5 written statement from the state attorney or statewide 6 prosecutor in order for a person to be eligible for a 7 criminal history record expunction; requiring a person 8 or entity that publishes, displays, or disseminates 9 information regarding an arrest that has been expunged 10 to remove such information under certain 11 circumstances; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (a) of subsection (2) of section 16 943.0585, Florida Statutes, is amended, and paragraph (d) is 17 added to subsection (4) of that section, to read: 18 943.0585 Court-ordered expunction of criminal history 19 records.—The courts of this state have jurisdiction over their 20 own procedures, including the maintenance, expunction, and 21 correction of judicial records containing criminal history 22 information to the extent such procedures are not inconsistent 23 with the conditions, responsibilities, and duties established by 24 this section. Any court of competent jurisdiction may order a 25 criminal justice agency to expunge the criminal history record 26 of a minor or an adult who complies with the requirements of 27 this section. The court shall not order a criminal justice 28 agency to expunge a criminal history record until the person 29 seeking to expunge a criminal history record has applied for and 30 received a certificate of eligibility for expunction pursuant to 31 subsection (2). A criminal history record that relates to a 32 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 33 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 34 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 35 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 36 any violation specified as a predicate offense for registration 37 as a sexual predator pursuant to s. 775.21, without regard to 38 whether that offense alone is sufficient to require such 39 registration, or for registration as a sexual offender pursuant 40 to s. 943.0435, may not be expunged, without regard to whether 41 adjudication was withheld, if the defendant was found guilty of 42 or pled guilty or nolo contendere to the offense, or if the 43 defendant, as a minor, was found to have committed, or pled 44 guilty or nolo contendere to committing, the offense as a 45 delinquent act. The court may only order expunction of a 46 criminal history record pertaining to one arrest or one incident 47 of alleged criminal activity, except as provided in this 48 section. The court may, at its sole discretion, order the 49 expunction of a criminal history record pertaining to more than 50 one arrest if the additional arrests directly relate to the 51 original arrest. If the court intends to order the expunction of 52 records pertaining to such additional arrests, such intent must 53 be specified in the order. A criminal justice agency may not 54 expunge any record pertaining to such additional arrests if the 55 order to expunge does not articulate the intention of the court 56 to expunge a record pertaining to more than one arrest. This 57 section does not prevent the court from ordering the expunction 58 of only a portion of a criminal history record pertaining to one 59 arrest or one incident of alleged criminal activity. 60 Notwithstanding any law to the contrary, a criminal justice 61 agency may comply with laws, court orders, and official requests 62 of other jurisdictions relating to expunction, correction, or 63 confidential handling of criminal history records or information 64 derived therefrom. This section does not confer any right to the 65 expunction of any criminal history record, and any request for 66 expunction of a criminal history record may be denied at the 67 sole discretion of the court. 68 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to 69 petitioning the court to expunge a criminal history record, a 70 person seeking to expunge a criminal history record shall apply 71 to the department for a certificate of eligibility for 72 expunction. The department shall, by rule adopted pursuant to 73 chapter 120, establish procedures pertaining to the application 74 for and issuance of certificates of eligibility for expunction. 75 A certificate of eligibility for expunction is valid for 12 76 months after the date stamped on the certificate when issued by 77 the department. After that time, the petitioner must reapply to 78 the department for a new certificate of eligibility. Eligibility 79 for a renewed certification of eligibility must be based on the 80 status of the applicant and the law in effect at the time of the 81 renewal application. The department shall issue a certificate of 82 eligibility for expunction to a person who is the subject of a 83 criminal history record if that person: 84 (a) Has obtained, and submitted to the department, a 85 written, certified statement from the appropriate state attorney 86 or statewide prosecutor which indicates: 87 1. That an indictment, information, or other charging 88 document was not filed or issued in the case. 89 2. That an indictment, information, or other charging 90 document, if filed or issued in the case, was dismissed or nolle 91 prossedprosequiby the state attorney or statewide prosecutor,92 or was dismissed by a court of competent jurisdiction, or a 93 judge or jury rendered a verdict of not guilty. The records of a 94 person adjudicated not guilty by reason of insanity are not 95 eligible for expunction under this sectionand that none of the96charges related to the arrest or alleged criminal activity to97which the petition to expunge pertains resulted in a trial,98without regard to whether the outcome of the trial was other99than an adjudication of guilt. 100 3. That the criminal history record does not relate to a 101 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 102 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 103 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 104 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 105 any violation specified as a predicate offense for registration 106 as a sexual predator pursuant to s. 775.21, without regard to 107 whether that offense alone is sufficient to require such 108 registration, or for registration as a sexual offender pursuant 109 to s. 943.0435, where the defendant was found guilty of, or pled 110 guilty or nolo contendere to any such offense, or that the 111 defendant, as a minor, was found to have committed, or pled 112 guilty or nolo contendere to committing, such an offense as a 113 delinquent act, without regard to whether adjudication was 114 withheld. 115 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 116 criminal history record of a minor or an adult which is ordered 117 expunged by a court of competent jurisdiction pursuant to this 118 section must be physically destroyed or obliterated by any 119 criminal justice agency having custody of such record; except 120 that any criminal history record in the custody of the 121 department must be retained in all cases. A criminal history 122 record ordered expunged that is retained by the department is 123 confidential and exempt from the provisions of s. 119.07(1) and 124 s. 24(a), Art. I of the State Constitution and not available to 125 any person or entity except upon order of a court of competent 126 jurisdiction. A criminal justice agency may retain a notation 127 indicating compliance with an order to expunge. 128 (d) A person or entity that publishes, displays, or in any 129 way disseminates information regarding an arrest that has been 130 expunged shall remove such information from any publication, 131 Internet posting, or credit report upon receipt of a certified 132 copy of an order granting a petition to expunge without further 133 notice or cost to the individual who is the subject of the 134 order. 135 Section 2. This act shall take effect July 1, 2014.