1 | A bill to be entitled |
2 | An act relating to juvenile expunction; amending s. |
3 | 943.0582, F.S.; allowing minors who have certain |
4 | felony arrests to have the Department of Corrections |
5 | expunge their nonjudicial arrest record upon |
6 | successful completion of a prearrest or postarrest |
7 | diversion program; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraphs (c), (e), and (f) of subsection (3) |
12 | of section 943.0582, Florida Statutes, are amended to read: |
13 | 943.0582 Prearrest, postarrest, or teen court diversion |
14 | program expunction.- |
15 | (3) The department shall expunge the nonjudicial arrest |
16 | record of a minor who has successfully completed a prearrest or |
17 | postarrest diversion program if that minor: |
18 | (c) Submits to the department, with the application, an |
19 | official written statement from the state attorney for the |
20 | county in which the arrest occurred certifying that he or she |
21 | has successfully completed that county's prearrest or postarrest |
22 | diversion program and that participation in the program is |
23 | strictly limited to minors arrested for a nonviolent |
24 | misdemeanor, or for a felony that does not relate to a violation |
25 | of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, |
26 | s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, |
27 | chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, |
28 | s. 916.1075, a violation enumerated in s. 907.041, or any |
29 | violation specified as a predicate offense for registration as a |
30 | sexual predator pursuant to s. 775.21, without regard to whether |
31 | that offense alone is sufficient to require such registration, |
32 | or for registration as a sexual offender pursuant to s. |
33 | 943.0435, who have not otherwise been charged with or found to |
34 | have committed any criminal offense or comparable ordinance |
35 | violation. |
36 | (e) Participated in a prearrest or postarrest diversion |
37 | program based on an arrest for a nonviolent misdemeanor that |
38 | would not qualify as an act of domestic violence as that term is |
39 | defined in s. 741.28. |
40 | (e)(f) Has never, prior to filing the application for |
41 | expunction, been charged with or been found to have committed |
42 | any criminal offense or comparable ordinance violation. |
43 | Section 2. This act shall take effect July 1, 2012. |