Bill Text: FL S1720 | 2022 | Regular Session | Introduced
Bill Title: Sealing and Expunction of Criminal History Records
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Judiciary [S1720 Detail]
Download: Florida-2022-S1720-Introduced.html
Florida Senate - 2022 SB 1720 By Senator Book 32-01146-22 20221720__ 1 A bill to be entitled 2 An act relating to sealing and expunction of criminal 3 history records; reenacting and amending s. 943.0585, 4 F.S.; revising the eligibility criteria a person must 5 meet to qualify for a court-ordered expunction of a 6 criminal history record; reenacting and amending s. 7 943.059, F.S.; revising the eligibility criteria a 8 person must meet to qualify for a court-ordered 9 sealing of a criminal history record; reenacting ss. 10 948.08(6)(d) and (7)(b), 948.16(1)(b) and (2)(b), and 11 985.345(1)(b) and (2)(c), F.S., relating to a pretrial 12 intervention program, specified misdemeanor 13 intervention programs, and delinquency pretrial 14 intervention programs, respectively, to incorporate 15 the amendment made to s. 943.0585, F.S., in references 16 thereto; reenacting s. 943.0582(2)(b), F.S., relating 17 to diversion program expunction, to incorporate the 18 amendment made to s. 943.059, F.S., in a reference 19 thereto; reenacting s. 943.0582(4), F.S., relating to 20 diversion program expunction, to incorporate the 21 amendments made to ss. 943.0585 and 943.059, F.S., in 22 references thereto; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (1) of section 943.0585, Florida 27 Statutes, is reenacted and amended, paragraph (a) of subsection 28 (2) of that section is amended, and paragraph (b) of subsection 29 (6) of that section is reenacted, to read: 30 943.0585 Court-ordered expunction of criminal history 31 records.— 32 (1) ELIGIBILITY.—A person is eligible to petition a court 33 to expunge a criminal history record if: 34 (a) An indictment, information, or other charging document 35 was not filed or issued in the case giving rise to the criminal 36 history record. 37 (b) An indictment, information, or other charging document 38 was filed or issued in the case giving rise to the criminal 39 history record, was dismissed or nolle prosequi by the state 40 attorney or statewide prosecutor, or was dismissed by a court of 41 competent jurisdiction or a judgment of acquittal was rendered 42 by a judge, or a verdict of not guilty was rendered by a judge 43 or jury. 44 (c) The person is not seeking to expunge a criminal history 45 record that is ineligible for court-ordered expunction under s. 46 943.0584. 47 (d)The person has never,As of the date the application 48 for a certificate of expunction is filed: 49 1. The person has never,been adjudicated guilty in this 50 state of a criminal offense; or 51 2. It has been at least 10 years since the person has been 52 adjudicated guilty in this state of a criminal offense, and the 53 person has never been adjudicated guilty of an offense listed in 54 s. 943.0584(2). 55 (e) As of the date the application for a certificate of 56 expunction is filed, the person has never been adjudicated 57 delinquent in this state for committing any felony or any of the 58 following misdemeanors within the past 10 years, unless the 59 record of such adjudication of delinquency has been expunged 60 pursuant to s. 943.0515: 61 1. Assault, as defined in s. 784.011; 62 2. Battery, as defined in s. 784.03; 63 3. Assault on a law enforcement officer, a firefighter, or 64 other specified officers, as defined in s. 784.07(2)(a); 65 4. Carrying a concealed weapon, as defined in s. 790.01(1); 66 5. Open carrying of a weapon, as defined in s. 790.053; 67 6. Unlawful possession or discharge of a weapon or firearm 68 at a school-sponsored event or on school property, as defined in 69 s. 790.115; 70 7. Unlawful use of destructive devices or bombs, as defined 71 in s. 790.1615(1); 72 8. Unlawful possession of a firearm, as defined in s. 73 790.22(5); 74 9. Exposure of sexual organs, as defined in s. 800.03; 75 10. Arson, as defined in s. 806.031(1); 76 11. Petit theft, as defined in s. 812.014(3); 77 12. Neglect of a child, as defined in s. 827.03(1)(e); or 78 13. Cruelty to animals, as defined in s. 828.12(1). 79 (f)(e)The person has not been adjudicated guilty of, or 80 adjudicated delinquent for committing, any of the acts stemming 81 from the arrest or alleged criminal activity to which the 82 petition pertains. 83 (g)(f)The person is no longer under court supervision 84 applicable to the disposition of arrest or alleged criminal 85 activity to which the petition to expunge pertains. 86 (h)(g)The person has not within the past 10 yearsnever87 secured a prior sealing or expunction of a criminal history 88 record under this section, s. 943.059, former s. 893.14, former 89 s. 901.33, or former s. 943.058, unless expunction is sought of90a criminal history record previously sealed for 10 years91pursuant to paragraph (h) and the record is otherwise eligible92for expunction. 93 (i)(h)The person has previously obtained a court-ordered 94 sealing the criminal history record under s. 943.059, former s. 95 893.14, former s. 901.33, or former s. 943.058 for a minimum of 96 10 years because adjudication was withheld or because all 97 charges related to the arrest or alleged criminal activity to 98 which the petition to expunge pertains were not dismissed before 99 trial, without regard to whether the outcome of the trial was 100 other than an adjudication of guilt. Notwithstanding paragraph 101 (h), the requirement for the record to have previously been 102 sealed for a minimum of 10 years does not apply if a plea was 103 not entered or all charges related to the arrest or alleged 104 criminal activity to which the petition to expunge pertains were 105 dismissed before trial or a judgment of acquittal was rendered 106 by a judge or a verdict of not guilty was rendered by a judge or 107 jury. 108 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 109 to expunge a criminal history record, a person seeking to 110 expunge a criminal history record must apply to the department 111 for a certificate of eligibility for expunction. The department 112 shall adopt rules to establish procedures for applying for and 113 issuing a certificate of eligibility for expunction. 114 (a) The department shall issue a certificate of eligibility 115 for expunction to a person who is the subject of a criminal 116 history record if that person: 117 1. Satisfies the eligibility criteria in paragraphs (1)(a) 118 (i)(1)(a)-(h)and is not ineligible under s. 943.0584. 119 2. Has submitted to the department a written certified 120 statement from the appropriate state attorney or statewide 121 prosecutor which confirms the criminal history record complies 122 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 123 (c). 124 3. Has submitted to the department a certified copy of the 125 disposition of the charge to which the petition to expunge 126 pertains. 127 4. Remits a $75 processing fee to the department for 128 placement in the Department of Law Enforcement Operating Trust 129 Fund, unless the executive director waives such fee. 130 (6) EFFECT OF EXPUNCTION ORDER.— 131 (b) The person who is the subject of a criminal history 132 record that is expunged under this section or under other 133 provisions of law, including former ss. 893.14, 901.33, and 134 943.058, may lawfully deny or fail to acknowledge the arrests 135 covered by the expunged record, except when the subject of the 136 record: 137 1. Is a candidate for employment with a criminal justice 138 agency; 139 2. Is a defendant in a criminal prosecution; 140 3. Concurrently or subsequently petitions for relief under 141 this section, s. 943.0583, or s. 943.059; 142 4. Is a candidate for admission to The Florida Bar; 143 5. Is seeking to be employed or licensed by or to contract 144 with the Department of Children and Families, the Division of 145 Vocational Rehabilitation within the Department of Education, 146 the Agency for Health Care Administration, the Agency for 147 Persons with Disabilities, the Department of Health, the 148 Department of Elderly Affairs, or the Department of Juvenile 149 Justice or to be employed or used by such contractor or licensee 150 in a sensitive position having direct contact with children, the 151 disabled, or the elderly; 152 6. Is seeking to be employed or licensed by the Department 153 of Education, any district school board, any university 154 laboratory school, any charter school, any private or parochial 155 school, or any local governmental entity that licenses child 156 care facilities; 157 7. Is seeking to be licensed by the Division of Insurance 158 Agent and Agency Services within the Department of Financial 159 Services; or 160 8. Is seeking to be appointed as a guardian pursuant to s. 161 744.3125. 162 Section 2. Subsection (1) of section 943.059, Florida 163 Statutes, is reenacted and amended, and paragraph (a) of 164 subsection (2) and paragraph (b) of subsection (6) of that 165 section are reenacted, to read: 166 943.059 Court-ordered sealing of criminal history records.— 167 (1) ELIGIBILITY.—A person is eligible to petition a court 168 to seal a criminal history record when: 169 (a) The criminal history record is not ineligible for 170 court-ordered sealing under s. 943.0584. 171 (b) The person has never, before the date the application 172 for a certificate of eligibility is filed, been adjudicated 173 guilty in this state of a criminal offense, or been adjudicated 174 delinquent in this state for committing any felony or any of the 175 following misdemeanor offenses, unless the record of such 176 adjudication of delinquency has been expunged pursuant to s. 177 943.0515: 178 1. Assault, as defined in s. 784.011; 179 2. Battery, as defined in s. 784.03; 180 3. Assault on a law enforcement officer, a firefighter, or 181 other specified officers, as defined in s. 784.07(2)(a); 182 4. Carrying a concealed weapon, as defined in s. 790.01(1); 183 5. Open carrying of a weapon, as defined in s. 790.053; 184 6. Unlawful possession or discharge of a weapon or firearm 185 at a school-sponsored event or on school property, as defined in 186 s. 790.115; 187 7. Unlawful use of destructive devices or bombs, as defined 188 in s. 790.1615(1); 189 8. Unlawful possession of a firearm by a minor, as defined 190 in s. 790.22(5); 191 9. Exposure of sexual organs, as defined in s. 800.03; 192 10. Arson, as defined in s. 806.031(1); 193 11. Petit theft, as defined in s. 812.014(3); 194 12. Neglect of a child, as defined in s. 827.03(1)(e); or 195 13. Cruelty to animals, as defined in s. 828.12(1). 196 (c) The person has not been adjudicated guilty of, or 197 adjudicated delinquent for committing, any of the acts stemming 198 from the arrest or alleged criminal activity to which the 199 petition to seal pertains. 200 (d) The person is no longer under court supervision 201 applicable to the disposition of arrest or alleged criminal 202 activity to which the petition to seal pertains. 203 (e) The person has never secured a prior sealing or 204 expunction of a criminal history record under this section, s. 205 943.0585, former s. 893.14, former s. 901.33, or former s. 206 943.058, or the person has one prior sealing or expunction and, 207 as of the date the application for a certificate of eligibility 208 is filed, more than 10 years have passed since the prior sealing 209 or expunction was ordered. 210 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the 211 court to seal a criminal history record, a person seeking to 212 seal a criminal history record must apply to the department for 213 a certificate of eligibility for sealing. The department shall 214 adopt rules relating to the application for and issuance of 215 certificates of eligibility for sealing. 216 (a) The department shall issue a certificate of eligibility 217 for sealing to a person who is the subject of a criminal history 218 record if that person: 219 1. Satisfies the eligibility criteria in paragraphs (1)(a) 220 (e) and is not ineligible for court-ordered sealing under s. 221 943.0584. 222 2. Has submitted to the department a certified copy of the 223 disposition of charge to which the petition pertains. 224 3. Remits a $75 processing fee to the department for 225 placement in the Department of Law Enforcement Operating Trust 226 Fund, unless the executive director waives such fee. 227 (6) EFFECT OF ORDER.— 228 (b) The subject of the criminal history record sealed under 229 this section or under other provisions of law, including former 230 ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to 231 acknowledge the arrests covered by the sealed record, except 232 when the subject of the record: 233 1. Is a candidate for employment with a criminal justice 234 agency; 235 2. Is a defendant in a criminal prosecution; 236 3. Concurrently or subsequently petitions for relief under 237 this section, s. 943.0583, or s. 943.0585; 238 4. Is a candidate for admission to The Florida Bar; 239 5. Is seeking to be employed or licensed by or to contract 240 with the Department of Children and Families, the Division of 241 Vocational Rehabilitation within the Department of Education, 242 the Agency for Health Care Administration, the Agency for 243 Persons with Disabilities, the Department of Health, the 244 Department of Elderly Affairs, or the Department of Juvenile 245 Justice or to be employed or used by such contractor or licensee 246 in a sensitive position having direct contact with children, the 247 disabled, or the elderly; 248 6. Is seeking to be employed or licensed by the Department 249 of Education, a district school board, a university laboratory 250 school, a charter school, a private or parochial school, or a 251 local governmental entity that licenses child care facilities; 252 7. Is attempting to purchase a firearm from a licensed 253 importer, licensed manufacturer, or licensed dealer and is 254 subject to a criminal history check under state or federal law; 255 8. Is seeking to be licensed by the Division of Insurance 256 Agent and Agency Services within the Department of Financial 257 Services; 258 9. Is seeking to be appointed as a guardian pursuant to s. 259 744.3125; or 260 10. Is seeking to be licensed by the Bureau of License 261 Issuance of the Division of Licensing within the Department of 262 Agriculture and Consumer Services to carry a concealed weapon or 263 concealed firearm. This subparagraph applies only in the 264 determination of an applicant’s eligibility under s. 790.06. 265 Section 3. For the purpose of incorporating the amendment 266 made by this act to section 943.0585, Florida Statutes, in 267 references thereto, paragraph (d) of subsection (6) and 268 paragraph (b) of subsection (7) of section 948.08, Florida 269 Statutes, are reenacted to read: 270 948.08 Pretrial intervention program.— 271 (6) 272 (d) While enrolled in a pretrial intervention program 273 authorized by this subsection, the participant is subject to a 274 coordinated strategy developed by a drug court team under s. 275 397.334(4). The coordinated strategy may include a protocol of 276 sanctions that may be imposed upon the participant for 277 noncompliance with program rules. The protocol of sanctions may 278 include, but is not limited to, placement in a substance abuse 279 treatment program offered by a licensed service provider as 280 defined in s. 397.311 or in a jail-based treatment program or 281 serving a period of incarceration within the time limits 282 established for contempt of court. The coordinated strategy must 283 be provided in writing to the participant before the participant 284 agrees to enter into a pretrial treatment-based drug court 285 program or other pretrial intervention program. Any person whose 286 charges are dismissed after successful completion of the 287 treatment-based drug court program, if otherwise eligible, may 288 have his or her arrest record and plea of nolo contendere to the 289 dismissed charges expunged under s. 943.0585. 290 (7) 291 (b) While enrolled in a pretrial intervention program 292 authorized by this subsection, the participant shall be subject 293 to a coordinated strategy developed by a veterans’ treatment 294 intervention team. The coordinated strategy should be modeled 295 after the therapeutic jurisprudence principles and key 296 components in s. 397.334(4), with treatment specific to the 297 needs of servicemembers and veterans. The coordinated strategy 298 may include a protocol of sanctions that may be imposed upon the 299 participant for noncompliance with program rules. The protocol 300 of sanctions may include, but need not be limited to, placement 301 in a treatment program offered by a licensed service provider or 302 in a jail-based treatment program or serving a period of 303 incarceration within the time limits established for contempt of 304 court. The coordinated strategy must be provided in writing to 305 the participant before the participant agrees to enter into a 306 pretrial veterans’ treatment intervention program or other 307 pretrial intervention program. Any person whose charges are 308 dismissed after successful completion of the pretrial veterans’ 309 treatment intervention program, if otherwise eligible, may have 310 his or her arrest record of the dismissed charges expunged under 311 s. 943.0585. 312 Section 4. For the purpose of incorporating the amendment 313 made by this act to section 943.0585, Florida Statutes, in 314 references thereto, paragraph (b) of subsection (1) and 315 paragraph (b) of subsection (2) of section 948.16, Florida 316 Statutes, are reenacted to read: 317 948.16 Misdemeanor pretrial substance abuse education and 318 treatment intervention program; misdemeanor pretrial veterans’ 319 treatment intervention program; misdemeanor pretrial mental 320 health court program.— 321 (1) 322 (b) While enrolled in a pretrial intervention program 323 authorized by this section, the participant is subject to a 324 coordinated strategy developed by a drug court team under s. 325 397.334(4). The coordinated strategy may include a protocol of 326 sanctions that may be imposed upon the participant for 327 noncompliance with program rules. The protocol of sanctions may 328 include, but is not limited to, placement in a substance abuse 329 treatment program offered by a licensed service provider as 330 defined in s. 397.311 or in a jail-based treatment program or 331 serving a period of incarceration within the time limits 332 established for contempt of court. The coordinated strategy must 333 be provided in writing to the participant before the participant 334 agrees to enter into a pretrial treatment-based drug court 335 program or other pretrial intervention program. Any person whose 336 charges are dismissed after successful completion of the 337 treatment-based drug court program, if otherwise eligible, may 338 have his or her arrest record and plea of nolo contendere to the 339 dismissed charges expunged under s. 943.0585. 340 (2) 341 (b) While enrolled in a pretrial intervention program 342 authorized by this section, the participant shall be subject to 343 a coordinated strategy developed by a veterans’ treatment 344 intervention team. The coordinated strategy should be modeled 345 after the therapeutic jurisprudence principles and key 346 components in s. 397.334(4), with treatment specific to the 347 needs of veterans and servicemembers. The coordinated strategy 348 may include a protocol of sanctions that may be imposed upon the 349 participant for noncompliance with program rules. The protocol 350 of sanctions may include, but need not be limited to, placement 351 in a treatment program offered by a licensed service provider or 352 in a jail-based treatment program or serving a period of 353 incarceration within the time limits established for contempt of 354 court. The coordinated strategy must be provided in writing to 355 the participant before the participant agrees to enter into a 356 misdemeanor pretrial veterans’ treatment intervention program or 357 other pretrial intervention program. Any person whose charges 358 are dismissed after successful completion of the misdemeanor 359 pretrial veterans’ treatment intervention program, if otherwise 360 eligible, may have his or her arrest record of the dismissed 361 charges expunged under s. 943.0585. 362 Section 5. For the purpose of incorporating the amendment 363 made by this act to section 943.0585, Florida Statutes, in 364 references thereto, paragraph (b) of subsection (1) and 365 paragraph (c) of subsection (2) of section 985.345, Florida 366 Statutes, are reenacted to read: 367 985.345 Delinquency pretrial intervention programs.— 368 (1) 369 (b) While enrolled in a delinquency pretrial intervention 370 program authorized by this subsection, a child is subject to a 371 coordinated strategy developed by a drug court team under s. 372 397.334(4). The coordinated strategy may include a protocol of 373 sanctions that may be imposed upon the child for noncompliance 374 with program rules. The protocol of sanctions may include, but 375 is not limited to, placement in a substance abuse treatment 376 program offered by a licensed service provider as defined in s. 377 397.311 or serving a period of secure detention under this 378 chapter. The coordinated strategy must be provided in writing to 379 the child before the child agrees to enter the pretrial 380 treatment-based drug court program or other pretrial 381 intervention program. A child whose charges are dismissed after 382 successful completion of the treatment-based drug court program, 383 if otherwise eligible, may have his or her arrest record and 384 plea of nolo contendere to the dismissed charges expunged under 385 s. 943.0585. 386 (2) 387 (c) A child whose charges are dismissed after successful 388 completion of the delinquency pretrial mental health court 389 intervention program, if otherwise eligible, may have his or her 390 criminal history record for such charges expunged under s. 391 943.0585. 392 Section 6. For the purpose of incorporating the amendment 393 made by this act to section 943.059, Florida Statutes, in a 394 reference thereto, paragraph (b) of subsection (2) of section 395 943.0582, Florida Statutes, is reenacted to read: 396 943.0582 Diversion program expunction.— 397 (2) As used in this section, the term: 398 (b) “Expunction” has the same meaning ascribed in and 399 effect as s. 943.0585, except that: 400 1. Section 943.0585(6)(b) does not apply, except that the 401 criminal history record of a person whose record is expunged 402 pursuant to this section shall be made available only to 403 criminal justice agencies for the purpose of: 404 a. Determining eligibility for diversion programs; 405 b. A criminal investigation; or 406 c. Making a prosecutorial decision under s. 985.15. 407 2. Records maintained by local criminal justice agencies in 408 the county in which the arrest occurred that are eligible for 409 expunction pursuant to this section shall be sealed as the term 410 is used in s. 943.059. 411 Section 7. For the purpose of incorporating the amendments 412 made by this act to sections 943.0585 and 943.059, Florida 413 Statutes, in references thereto, subsection (4) of section 414 943.0582, Florida Statutes, is reenacted to read: 415 943.0582 Diversion program expunction.— 416 (4) Expunction or sealing granted under this section does 417 not prevent the minor who receives such relief from petitioning 418 for the expunction or sealing of a later criminal history record 419 as provided for in ss. 943.0583, 943.0585, and 943.059, if the 420 minor is otherwise eligible under those sections. 421 Section 8. This act shall take effect July 1, 2022.