HB 0111

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


CODING: Words stricken are deletions; words underlined are additions.