1 | A bill to be entitled |
2 | An act relating to administrative expunction of |
3 | nonjudicial arrest records; amending s. 943.0581, F.S.; |
4 | requiring the arresting law enforcement agency to apply to |
5 | the Department of Law Enforcement for the administrative |
6 | expunction of certain nonjudicial records of arrest; |
7 | authorizing certain persons to apply directly to the |
8 | department for administrative expunction in certain |
9 | circumstances; requiring such persons to support such |
10 | application with an endorsement; providing that an |
11 | application or endorsement may not be admitted into |
12 | evidence or construed as an admission of liability; |
13 | providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 943.0581, Florida Statutes, is amended |
18 | to read: |
19 | 943.0581 Administrative expunction.-- |
20 | (1) Notwithstanding any law dealing generally with the |
21 | preservation and destruction of public records, the department |
22 | may provide, by rule adopted pursuant to chapter 120, for the |
23 | administrative expunction of any nonjudicial record of an arrest |
24 | of a minor or an adult made contrary to law or by mistake. |
25 | (2) A law enforcement agency shall apply to the department |
26 | in the manner prescribed by rule for the administrative |
27 | expunction of any nonjudicial record of any arrest of a minor or |
28 | an adult who is subsequently determined by the agency, at its |
29 | discretion, or by the final order of a court of competent |
30 | jurisdiction, to have been arrested contrary to law or by |
31 | mistake. |
32 | (3) An adult or, in the case of a minor child, the parent |
33 | or legal guardian of the minor child, may apply to the |
34 | department in the manner prescribed by rule for the |
35 | administrative expunction of any nonjudicial record of an arrest |
36 | alleged to have been made contrary to law or by mistake, |
37 | provided that the application is supported by the endorsement of |
38 | the head of the arresting agency or the state attorney of the |
39 | judicial circuit in which the arrest occurred. |
40 | (4) No application or endorsement made under this section |
41 | shall be admissible as evidence in any judicial or |
42 | administrative proceeding or otherwise be construed in any way |
43 | as an admission of liability in connection with an arrest. |
44 | Section 2. This act shall take effect upon becoming a law. |