Bill Text: FL S1142 | 2018 | Regular Session | Comm Sub


Bill Title: Expunction and Sealing of Criminal History Records

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Rules [S1142 Detail]

Download: Florida-2018-S1142-Comm_Sub.html
       Florida Senate - 2018                             CS for SB 1142
       
       
        
       By the Committee on Judiciary; and Senator Steube
       
       
       
       
       
       590-03197-18                                          20181142c1
    1                        A bill to be entitled                      
    2         An act relating to the expunction and sealing of
    3         criminal history records; amending s. 943.0585, F.S.;
    4         revising the eligibility requirements for expunction
    5         of criminal history records to include instances in
    6         which a judgment of acquittal or a verdict of not
    7         guilty was rendered; amending s. 943.059, F.S.;
    8         clarifying the circumstances under which the
    9         Department of Law Enforcement must issue a certificate
   10         of eligibility for the sealing of a criminal history
   11         record; providing effective dates.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraphs (a) and (h) of subsection (2) of
   16  section 943.0585, Florida Statutes, are amended, and paragraph
   17  (b) of subsection (1) and paragraph (f) of subsection (2) of
   18  that section are republished, to read:
   19         943.0585 Court-ordered expunction of criminal history
   20  records.—The courts of this state have jurisdiction over their
   21  own procedures, including the maintenance, expunction, and
   22  correction of judicial records containing criminal history
   23  information to the extent such procedures are not inconsistent
   24  with the conditions, responsibilities, and duties established by
   25  this section. Any court of competent jurisdiction may order a
   26  criminal justice agency to expunge the criminal history record
   27  of a minor or an adult who complies with the requirements of
   28  this section. The court shall not order a criminal justice
   29  agency to expunge a criminal history record until the person
   30  seeking to expunge a criminal history record has applied for and
   31  received a certificate of eligibility for expunction pursuant to
   32  subsection (2) or subsection (5). A criminal history record that
   33  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   34  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   35  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   36  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   37  s. 907.041, or any violation specified as a predicate offense
   38  for registration as a sexual predator pursuant to s. 775.21,
   39  without regard to whether that offense alone is sufficient to
   40  require such registration, or for registration as a sexual
   41  offender pursuant to s. 943.0435, may not be expunged, without
   42  regard to whether adjudication was withheld, if the defendant
   43  was found guilty of or pled guilty or nolo contendere to the
   44  offense, or if the defendant, as a minor, was found to have
   45  committed, or pled guilty or nolo contendere to committing, the
   46  offense as a delinquent act. The court may only order expunction
   47  of a criminal history record pertaining to one arrest or one
   48  incident of alleged criminal activity, except as provided in
   49  this section. The court may, at its sole discretion, order the
   50  expunction of a criminal history record pertaining to more than
   51  one arrest if the additional arrests directly relate to the
   52  original arrest. If the court intends to order the expunction of
   53  records pertaining to such additional arrests, such intent must
   54  be specified in the order. A criminal justice agency may not
   55  expunge any record pertaining to such additional arrests if the
   56  order to expunge does not articulate the intention of the court
   57  to expunge a record pertaining to more than one arrest. This
   58  section does not prevent the court from ordering the expunction
   59  of only a portion of a criminal history record pertaining to one
   60  arrest or one incident of alleged criminal activity.
   61  Notwithstanding any law to the contrary, a criminal justice
   62  agency may comply with laws, court orders, and official requests
   63  of other jurisdictions relating to expunction, correction, or
   64  confidential handling of criminal history records or information
   65  derived therefrom. This section does not confer any right to the
   66  expunction of any criminal history record, and any request for
   67  expunction of a criminal history record may be denied at the
   68  sole discretion of the court.
   69         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   70  petition to a court to expunge a criminal history record is
   71  complete only when accompanied by:
   72         (b) The petitioner’s sworn statement attesting that the
   73  petitioner:
   74         1. Has never, prior to the date on which the petition is
   75  filed, been adjudicated guilty of a criminal offense or
   76  comparable ordinance violation, or been adjudicated delinquent
   77  for committing any felony or a misdemeanor specified in s.
   78  943.051(3)(b).
   79         2. Has not been adjudicated guilty of, or adjudicated
   80  delinquent for committing, any of the acts stemming from the
   81  arrest or alleged criminal activity to which the petition
   82  pertains.
   83         3. Has never secured a prior sealing or expunction of a
   84  criminal history record under this section, s. 943.059, former
   85  s. 893.14, former s. 901.33, or former s. 943.058, unless
   86  expunction is sought of a criminal history record previously
   87  sealed for 10 years pursuant to paragraph (2)(h) and the record
   88  is otherwise eligible for expunction.
   89         4. Is eligible for such an expunction to the best of his or
   90  her knowledge or belief and does not have any other petition to
   91  expunge or any petition to seal pending before any court.
   92  
   93  Any person who knowingly provides false information on such
   94  sworn statement to the court commits a felony of the third
   95  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   96  775.084.
   97         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   98  petitioning the court to expunge a criminal history record, a
   99  person seeking to expunge a criminal history record shall apply
  100  to the department for a certificate of eligibility for
  101  expunction. The department shall, by rule adopted pursuant to
  102  chapter 120, establish procedures pertaining to the application
  103  for and issuance of certificates of eligibility for expunction.
  104  A certificate of eligibility for expunction is valid for 12
  105  months after the date stamped on the certificate when issued by
  106  the department. After that time, the petitioner must reapply to
  107  the department for a new certificate of eligibility. Eligibility
  108  for a renewed certification of eligibility must be based on the
  109  status of the applicant and the law in effect at the time of the
  110  renewal application. The department shall issue a certificate of
  111  eligibility for expunction to a person who is the subject of a
  112  criminal history record if that person:
  113         (a) Has obtained, and submitted to the department, a
  114  written, certified statement from the appropriate state attorney
  115  or statewide prosecutor which indicates:
  116         1. That an indictment, information, or other charging
  117  document was not filed or issued in the case.
  118         2. That an indictment, information, or other charging
  119  document, if filed or issued in the case, was dismissed or nolle
  120  prosequi by the state attorney or statewide prosecutor, or was
  121  dismissed by a court of competent jurisdiction, that a judgment
  122  of acquittal was rendered by a judge, or that a verdict of not
  123  guilty was rendered by a judge or jury and that none of the
  124  charges related to the arrest or alleged criminal activity to
  125  which the petition to expunge pertains resulted in a trial,
  126  without regard to whether the outcome of the trial was other
  127  than an adjudication of guilt.
  128         3. That the criminal history record does not relate to a
  129  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  130  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  131  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  132  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  133  or any violation specified as a predicate offense for
  134  registration as a sexual predator pursuant to s. 775.21, without
  135  regard to whether that offense alone is sufficient to require
  136  such registration, or for registration as a sexual offender
  137  pursuant to s. 943.0435, where the defendant was found guilty
  138  of, or pled guilty or nolo contendere to any such offense, or
  139  that the defendant, as a minor, was found to have committed, or
  140  pled guilty or nolo contendere to committing, such an offense as
  141  a delinquent act, without regard to whether adjudication was
  142  withheld.
  143         (f) Has never secured a prior sealing or expunction of a
  144  criminal history record under this section, s. 943.059, former
  145  s. 893.14, former s. 901.33, or former s. 943.058, unless
  146  expunction is sought of a criminal history record previously
  147  sealed for 10 years pursuant to paragraph (h) and the record is
  148  otherwise eligible for expunction.
  149         (h) Has previously obtained a court order sealing the
  150  record under this section, former s. 893.14, former s. 901.33,
  151  or former s. 943.058 for a minimum of 10 years because
  152  adjudication was withheld or because all charges related to the
  153  arrest or alleged criminal activity to which the petition to
  154  expunge pertains were not dismissed before prior to trial,
  155  without regard to whether the outcome of the trial was other
  156  than an adjudication of guilt. The requirement for the record to
  157  have previously been sealed for a minimum of 10 years does not
  158  apply when a plea was not entered or all charges related to the
  159  arrest or alleged criminal activity to which the petition to
  160  expunge pertains were dismissed before prior to trial, when a
  161  judgment of acquittal was rendered by a judge, or when a verdict
  162  of not guilty was rendered by a judge or jury.
  163         Section 2. Effective upon becoming a law, present
  164  paragraphs (c) through (f) of subsection (2) of section 943.059,
  165  Florida Statutes, are redesignated as paragraphs (d) through
  166  (g), respectively, a new paragraph (c) is added to that
  167  subsection, and paragraph (a) of subsection (1) of that section
  168  is republished, to read:
  169         943.059 Court-ordered sealing of criminal history records.
  170  The courts of this state shall continue to have jurisdiction
  171  over their own procedures, including the maintenance, sealing,
  172  and correction of judicial records containing criminal history
  173  information to the extent such procedures are not inconsistent
  174  with the conditions, responsibilities, and duties established by
  175  this section. Any court of competent jurisdiction may order a
  176  criminal justice agency to seal the criminal history record of a
  177  minor or an adult who complies with the requirements of this
  178  section. The court shall not order a criminal justice agency to
  179  seal a criminal history record until the person seeking to seal
  180  a criminal history record has applied for and received a
  181  certificate of eligibility for sealing pursuant to subsection
  182  (2). A criminal history record that relates to a violation of s.
  183  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  184  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  185  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  186  s. 916.1075, a violation enumerated in s. 907.041, or any
  187  violation specified as a predicate offense for registration as a
  188  sexual predator pursuant to s. 775.21, without regard to whether
  189  that offense alone is sufficient to require such registration,
  190  or for registration as a sexual offender pursuant to s.
  191  943.0435, may not be sealed, without regard to whether
  192  adjudication was withheld, if the defendant was found guilty of
  193  or pled guilty or nolo contendere to the offense, or if the
  194  defendant, as a minor, was found to have committed or pled
  195  guilty or nolo contendere to committing the offense as a
  196  delinquent act. The court may only order sealing of a criminal
  197  history record pertaining to one arrest or one incident of
  198  alleged criminal activity, except as provided in this section.
  199  The court may, at its sole discretion, order the sealing of a
  200  criminal history record pertaining to more than one arrest if
  201  the additional arrests directly relate to the original arrest.
  202  If the court intends to order the sealing of records pertaining
  203  to such additional arrests, such intent must be specified in the
  204  order. A criminal justice agency may not seal any record
  205  pertaining to such additional arrests if the order to seal does
  206  not articulate the intention of the court to seal records
  207  pertaining to more than one arrest. This section does not
  208  prevent the court from ordering the sealing of only a portion of
  209  a criminal history record pertaining to one arrest or one
  210  incident of alleged criminal activity. Notwithstanding any law
  211  to the contrary, a criminal justice agency may comply with laws,
  212  court orders, and official requests of other jurisdictions
  213  relating to sealing, correction, or confidential handling of
  214  criminal history records or information derived therefrom. This
  215  section does not confer any right to the sealing of any criminal
  216  history record, and any request for sealing a criminal history
  217  record may be denied at the sole discretion of the court.
  218         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  219  petition to a court to seal a criminal history record is
  220  complete only when accompanied by:
  221         (a) A valid certificate of eligibility for sealing issued
  222  by the department pursuant to subsection (2).
  223         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  224  petitioning the court to seal a criminal history record, a
  225  person seeking to seal a criminal history record shall apply to
  226  the department for a certificate of eligibility for sealing. The
  227  department shall, by rule adopted pursuant to chapter 120,
  228  establish procedures pertaining to the application for and
  229  issuance of certificates of eligibility for sealing. A
  230  certificate of eligibility for sealing is valid for 12 months
  231  after the date stamped on the certificate when issued by the
  232  department. After that time, the petitioner must reapply to the
  233  department for a new certificate of eligibility. Eligibility for
  234  a renewed certification of eligibility must be based on the
  235  status of the applicant and the law in effect at the time of the
  236  renewal application. The department shall issue a certificate of
  237  eligibility for sealing to a person who is the subject of a
  238  criminal history record provided that such person:
  239         (c) Is not seeking to seal a criminal history record that
  240  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  241  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  242  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  243  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  244  s. 907.041, or any violation specified as a predicate offense
  245  for registration as a sexual predator pursuant to s. 775.21,
  246  without regard to whether that offense alone is sufficient to
  247  require such registration, or for registration as a sexual
  248  offender pursuant to s. 943.0435, where the defendant was found
  249  guilty of, or pled guilty or nolo contendere to any such
  250  offense, or which the defendant, as a minor, was found to have
  251  committed, or pled guilty or nolo contendere to committing, such
  252  an offense as a delinquent act, without regard to whether
  253  adjudication was withheld.
  254         Section 3. Except as otherwise expressly provided in this
  255  act and except for this section, which shall take effect upon
  256  this act becoming a law, this act shall take effect July 1,
  257  2018.

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