Florida Senate - 2008 (Reformatted) SB 250
By Senator Wilson
33-00073-08 2008250__
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A bill to be entitled
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An act relating to criminal records; amending s. 943.0515,
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F.S.; requiring the Department of Law Enforcement to
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notify certain specified agencies of the criminal records
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of a minor which are expunged; requiring the arresting
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agency, the county, and the department to notify those
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entities that received the criminal records information;
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requiring that criminal history records that are to be
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expunged be physically destroyed or obliterated by the
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criminal justice agency having physical custody of the
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records; amending s. 943.0585, F.S.; prohibiting certain
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criminal records from being expunged; providing that other
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records may be expunged under certain circumstances;
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providing that certain information be included in the
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application for a certificate of eligibility for
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expunction; prohibiting an agency, organization, or
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company to which criminal history information was
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disseminated from releasing the expunged information after
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a specified period; amending s. 943.059, F.S.; prohibiting
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certain criminal records from being sealed; providing that
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other records may be sealed under certain circumstances;
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requiring that certain information be included in the
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application for a certificate of eligibility for sealing;
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prohibiting an agency, organization, or company to which
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criminal history information was disseminated from
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releasing the sealed information after a specified period;
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amending s. 943.0582, F.S.; conforming a cross-reference;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsection (3) of section 943.0515,
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Florida Statutes, is redesignated as subsection (5), and new
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subsections (3) and (4) are added to that section, to read:
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943.0515 Retention of criminal history records of minors.--
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(3) The department shall notify the appropriate clerk of
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the court, the state attorney or statewide prosecutor, the
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county, and the arresting agency of any criminal history record
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that is expunged under this section. The arresting agency shall
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send the department's notification to any other agency to which
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the arresting agency disseminated the criminal history record
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information and to which the order pertains. The county shall
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send the department's notification to any agency, organization,
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or company to which the county disseminated the criminal history
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information and to which the order pertains. The department shall
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send the notification of expungement to the Federal Bureau of
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Investigation. The clerk of the court shall certify a copy of the
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department's notification to any other agency that has received
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the criminal history record, as reflected in the records of the
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court.
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(4) Any criminal history record that is expunged by the
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department under this section must be physically destroyed or
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obliterated by any criminal justice agency that has custody of
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the record, except that a criminal history record in the custody
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of the department must be retained in all cases.
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Section 2. Section 943.0585, Florida Statutes, is amended
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to read:
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943.0585 Court-ordered expunction of criminal history
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records.--The courts of this state have jurisdiction over their
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own procedures, including the maintenance, expunction, and
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correction of judicial records containing criminal history
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information to the extent such procedures are not inconsistent
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with the conditions, responsibilities, and duties established by
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this section. Any court of competent jurisdiction may order a
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criminal justice agency to expunge the criminal history record of
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a minor or an adult who complies with the requirements of this
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section. The court shall not order a criminal justice agency to
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expunge a criminal history record until the person seeking to
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expunge a criminal history record has applied for and received a
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certificate of eligibility for expunction pursuant to subsection
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(3) (2).
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(1) PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.-- A
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criminal history record that relates to a violation of s.
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specified as a predicate offense for registration as a sexual
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predator pursuant to s. 775.21, without regard to whether that
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offense alone is sufficient to require such registration, or for
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registration as a sexual offender pursuant to s. 943.0435, may
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not be expunged, without regard to whether adjudication was
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withheld, if the defendant was found guilty of or pled guilty or
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nolo contendere to the offense, or if the defendant, as a minor,
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was found to have committed, or pled guilty or nolo contendere to
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committing, the offense as a delinquent act even if the
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adjudication was withheld. The prohibition applies only to cases
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in which the defendant, including a minor, was found guilty of or
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pled guilty or nolo contendere to the offense. In all other
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instances involving the enumerated offenses in this subsection,
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the record may be expunged if an indictment, information, or
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other charging document was not filed or issued in the case or,
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if filed or issued in the case, was dismissed or nolle prosequi
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by the state attorney or statewide prosecutor or was dismissed by
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a court of competent jurisdiction, or the person was found not
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guilty or acquitted by a judge or jury. The court may only order
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expunction of a criminal history record pertaining to one arrest
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or one incident of alleged criminal activity, except as provided
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in this section. The court may, at its sole discretion, order the
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expunction of a criminal history record pertaining to more than
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one arrest if the additional arrests directly relate to the
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original arrest. If the court intends to order the expunction of
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records pertaining to such additional arrests, such intent must
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be specified in the order. A criminal justice agency may not
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expunge any record pertaining to such additional arrests if the
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order to expunge does not articulate the intention of the court
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to expunge a record pertaining to more than one arrest. This
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section does not prevent the court from ordering the expunction
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of only a portion of a criminal history record pertaining to one
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arrest or one incident of alleged criminal activity.
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Notwithstanding any law to the contrary, a criminal justice
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agency may comply with laws, court orders, and official requests
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of other jurisdictions relating to expunction, correction, or
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confidential handling of criminal history records or information
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derived therefrom. This section does not confer any right to the
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expunction of any criminal history record, and any request for
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expunction of a criminal history record may be denied at the sole
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discretion of the court.
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(2)(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
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petition to a court to expunge a criminal history record is
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complete only when accompanied by:
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(a) A valid certificate of eligibility for expunction
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issued by the department pursuant to subsection (2).
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(b) The petitioner's sworn statement attesting that the
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petitioner:
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1. Has never, prior to the date on which the petition is
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filed, been adjudicated guilty of a criminal offense or
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comparable ordinance violation, or been adjudicated delinquent
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for committing any felony or a misdemeanor specified in s.
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943.051(3)(b).
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2. Has not been adjudicated guilty of, or adjudicated
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delinquent for committing, any of the acts stemming from the
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arrest or alleged criminal activity to which the petition
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pertains.
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3. Except as otherwise provided in this section, has never
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secured a prior sealing or expunction of a criminal history
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record under this section, former s. 893.14, former s. 901.33, or
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former s. 943.058, or from any jurisdiction outside the state,
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unless expunction is sought of a criminal history record
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previously sealed for 10 years pursuant to paragraph (2)(h) and
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the record is otherwise eligible for expunction.
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4. Is eligible for such an expunction to the best of his or
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her knowledge or belief and does not have any other petition to
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expunge or any petition to seal pending before any court.
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Any person who knowingly provides false information on such sworn
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statement to the court commits a felony of the third degree,
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(3)(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Before
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Prior to petitioning the court to expunge a criminal history
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record, a person seeking to expunge a criminal history record
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shall apply to the department for a certificate of eligibility
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for expunction. The department shall, by rule adopted pursuant to
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chapter 120, establish procedures pertaining to the application
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for and issuance of certificates of eligibility for expunction. A
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certificate of eligibility for expunction is valid for 12 months
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after the date stamped on the certificate when issued by the
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department. After that time, the petitioner must reapply to the
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department for a new certificate of eligibility. Eligibility for
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a renewed certification of eligibility must be based on the
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status of the applicant and the law in effect at the time of the
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renewal application. The department shall issue a certificate of
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eligibility for expunction to a person who is the subject of a
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criminal history record if that person:
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(a) Has obtained, and submitted to the department, a
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written, certified statement from the appropriate state attorney
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or statewide prosecutor which indicates:
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1. That an indictment, information, or other charging
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document was not filed or issued in the case.
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2. That an indictment, information, or other charging
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document, if filed or issued in the case, was dismissed or nolle
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prosequi by the state attorney or statewide prosecutor, or was
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dismissed by a court of competent jurisdiction, or that the
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person was found not guilty or acquitted by a judge or jury, and
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that none of the charges related to the arrest or alleged
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criminal activity to which the petition to expunge pertains
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resulted in a trial, without regard to whether the outcome of the
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trial was other than an adjudication of guilt.
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3. That the criminal history record does not relate to a
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any violation specified as a predicate offense for registration
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as a sexual predator pursuant to s. 775.21, without regard to
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whether that offense alone is sufficient to require such
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registration, or for registration as a sexual offender pursuant
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to s. 943.0435, where the defendant was found guilty of, or pled
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guilty or nolo contendere to any such offense, or that the
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defendant, as a minor, was found to have committed, or pled
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guilty or nolo contendere to committing, such an offense as a
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delinquent act, without regard to whether adjudication was
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withheld.
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(b) Remits a $75 processing fee to the department for
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placement in the Department of Law Enforcement Operating Trust
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Fund, unless such fee is waived by the executive director.
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(c) Has submitted to the department a certified copy of the
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disposition of the charge to which the petition to expunge
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pertains.
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(d) Has never, prior to the date on which the application
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for a certificate of eligibility is filed, been adjudicated
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guilty of a criminal offense or comparable ordinance violation,
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or been adjudicated delinquent for committing any felony or a
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misdemeanor specified in s. 943.051(3)(b).
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(e) Has not been adjudicated guilty of, or adjudicated
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delinquent for committing, any of the acts stemming from the
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arrest or alleged criminal activity to which the petition to
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expunge pertains.
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(f) Has never secured a prior sealing or expunction of a
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criminal history record under this section, former s. 893.14,
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former s. 901.33, or former s. 943.058 involving an offense for
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which the defendant had been found guilty or pled guilty or nolo
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contendere, unless expunction is sought of a criminal history
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record previously sealed for 10 years pursuant to paragraph (h)
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and the record is otherwise eligible for expunction.
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(g) Is no longer under court supervision applicable to the
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disposition of the arrest or alleged criminal activity to which
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the petition to expunge pertains.
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(h) Has previously obtained a court order sealing the
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record under this section, former s. 893.14, former s. 901.33, or
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former s. 943.058 for a minimum of 10 years because adjudication
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was withheld or because all charges related to the arrest or
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alleged criminal activity to which the petition to expunge
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pertains were not dismissed prior to trial, without regard to
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whether the outcome of the trial was other than an adjudication
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of guilt. The requirement for the record to have previously been
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sealed for a minimum of 10 years does not apply when a plea was
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not entered or all charges related to the arrest or alleged
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criminal activity to which the petition to expunge pertains were
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dismissed prior to trial.
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(4)(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
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(a) In judicial proceedings under this section, a copy of
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the completed petition to expunge shall be served upon the
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appropriate state attorney or the statewide prosecutor and upon
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the arresting agency; however, it is not necessary to make any
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agency other than the state a party. The appropriate state
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attorney or the statewide prosecutor and the arresting agency may
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respond to the court regarding the completed petition to expunge.
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(b) If relief is granted by the court, the clerk of the
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court shall certify copies of the order to the appropriate state
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attorney or the statewide prosecutor, the county, and the
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arresting agency. The arresting agency is responsible for
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forwarding the order to any other agency to which the arresting
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agency disseminated the criminal history record information to
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which the order pertains. The county is responsible for
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forwarding the order to any agency, organization, or company to
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which the county disseminated the criminal history information to
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which the order pertains. The department shall forward the order
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to expunge to the Federal Bureau of Investigation. The clerk of
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the court shall certify a copy of the order to any other agency
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which the records of the court reflect has received the criminal
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history record from the court.
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(c) For an order to expunge entered by a court prior to
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July 1, 1992, the department shall notify the appropriate state
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attorney or statewide prosecutor of an order to expunge which is
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contrary to law because the person who is the subject of the
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record has previously been convicted of a crime or comparable
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ordinance violation or has had a prior criminal history record
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sealed or expunged. Upon receipt of such notice, the appropriate
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state attorney or statewide prosecutor shall take action, within
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60 days, to correct the record and petition the court to void the
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order to expunge. The department shall seal the record until such
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time as the order is voided by the court.
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(d) On or after July 1, 1992, the department or any other
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criminal justice agency is not required to act on an order to
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expunge entered by a court when such order does not comply with
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the requirements of this section. Upon receipt of such an order,
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the department must notify the issuing court, the appropriate
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state attorney or statewide prosecutor, the petitioner or the
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petitioner's attorney, and the arresting agency of the reason for
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noncompliance. The appropriate state attorney or statewide
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prosecutor shall take action within 60 days to correct the record
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and petition the court to void the order. No cause of action,
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including contempt of court, shall arise against any criminal
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justice agency for failure to comply with an order to expunge
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when the petitioner for such order failed to obtain the
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certificate of eligibility as required by this section or such
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order does not otherwise comply with the requirements of this
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section.
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(5)(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
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criminal history record of a minor or an adult which is ordered
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expunged by a court of competent jurisdiction pursuant to this
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section must be physically destroyed or obliterated by any
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criminal justice agency having custody of such record; except
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that any criminal history record in the custody of the department
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must be retained in all cases. A criminal history record ordered
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expunged that is retained by the department is confidential and
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exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution and not available to any person or
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entity except upon order of a court of competent jurisdiction. A
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criminal justice agency may retain a notation indicating
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compliance with an order to expunge.
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(a) The person who is the subject of a criminal history
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record that is expunged under this section or under other
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provisions of law, including former s. 893.14, former s. 901.33,
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and former s. 943.058, may lawfully deny or fail to acknowledge
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the arrests covered by the expunged record, except when the
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subject of the record:
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1. Is a candidate for employment with a criminal justice
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agency;
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2. Is a defendant in a criminal prosecution;
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3. Concurrently or subsequently petitions for relief under
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this section or s. 943.059;
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4. Is a candidate for admission to The Florida Bar;
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5. Is seeking to be employed or licensed by or to contract
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with the Department of Children and Family Services or the
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Department of Juvenile Justice or to be employed or used by such
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contractor or licensee in a sensitive position having direct
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contact with children, the developmentally disabled, the aged, or
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400, or chapter 429;
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6. Is seeking to be employed or licensed by the Department
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of Education, any district school board, any university
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laboratory school, any charter school, any private or parochial
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school, or any local governmental entity that licenses child care
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facilities; or
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7. Is seeking authorization from a Florida seaport
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identified in s. 311.09 for employment within or access to one or
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(b) Subject to the exceptions in paragraph (a), a person
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who has been granted an expunction under this section, former s.
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893.14, former s. 901.33, or former s. 943.058 may not be held
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under any provision of law of this state to commit perjury or to
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be otherwise liable for giving a false statement by reason of
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such person's failure to recite or acknowledge an expunged
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criminal history record.
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(c) Information relating to the existence of an expunged
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criminal history record which is provided in accordance with
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paragraph (a) is confidential and exempt from the provisions of
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
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except that the department shall disclose the existence of a
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criminal history record ordered expunged to the entities set
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forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
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respective licensing, access authorization, and employment
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purposes, and to criminal justice agencies for their respective
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criminal justice purposes. It is unlawful for any employee of an
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entity set forth in subparagraph (a)1., subparagraph (a)4.,
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subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
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disclose information relating to the existence of an expunged
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criminal history record of a person seeking employment, access
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authorization, or licensure with such entity or contractor,
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except to the person to whom the criminal history record relates
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or to persons having direct responsibility for employment, access
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authorization, or licensure decisions. Any person who violates
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this paragraph commits a misdemeanor of the first degree,
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(d) An agency, organization, or company to which the
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county, department, or arresting agency disseminated the criminal
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history information and which has received the order expunging
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the record may not release the expunged information to the public
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after 30 days following the date that it receives the court order
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expunging the record.
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(6)(5) STATUTORY REFERENCES.--Any reference to any other
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chapter, section, or subdivision of the Florida Statutes in this
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section constitutes a general reference under the doctrine of
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incorporation by reference.
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Section 3. Section 943.059, Florida Statutes, is amended to
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read:
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943.059 Court-ordered sealing of criminal history
362
records.--The courts of this state shall continue to have
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jurisdiction over their own procedures, including the
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maintenance, sealing, and correction of judicial records
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containing criminal history information to the extent such
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procedures are not inconsistent with the conditions,
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responsibilities, and duties established by this section. Any
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court of competent jurisdiction may order a criminal justice
369
agency to seal the criminal history record of a minor or an adult
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who complies with the requirements of this section. The court
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shall not order a criminal justice agency to seal a criminal
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history record until the person seeking to seal a criminal
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history record has applied for and received a certificate of
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eligibility for sealing pursuant to subsection (3) (2).
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(1) PROHIBITION AGAINST SEALING CERTAIN RECORDS.--A
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criminal history record that relates to a violation of s.
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specified as a predicate offense for registration as a sexual
382
predator pursuant to s. 775.21, without regard to whether that
383
offense alone is sufficient to require such registration, or for
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registration as a sexual offender pursuant to s. 943.0435, may
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not be sealed, without regard to whether adjudication was
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withheld, if the defendant was found guilty of or pled guilty or
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nolo contendere to the offense, or if the defendant, as a minor,
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was found to have committed or pled guilty or nolo contendere to
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committing the offense as a delinquent act even if the
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adjudication was withheld. The prohibition applies only to cases
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in which the defendant, including a minor, was found guilty of or
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pled guilty or nolo contendere to the offense. In all other
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instances involving the enumerated offenses in this subsection,
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the record may be sealed if an indictment, information, or other
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charging document was not filed or issued in the case or, if
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filed or issued in the case, was dismissed or nolle prosequi by
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the state attorney or statewide prosecutor or was dismissed by a
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court of competent jurisdiction, or the person was found not
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guilty or acquitted by a judge or jury. The court may only order
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sealing of a criminal history record pertaining to one arrest or
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one incident of alleged criminal activity, except as provided in
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this section. The court may, at its sole discretion, order the
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sealing of a criminal history record pertaining to more than one
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arrest if the additional arrests directly relate to the original
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arrest. If the court intends to order the sealing of records
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pertaining to such additional arrests, such intent must be
407
specified in the order. A criminal justice agency may not seal
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any record pertaining to such additional arrests if the order to
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seal does not articulate the intention of the court to seal
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records pertaining to more than one arrest. This section does not
411
prevent the court from ordering the sealing of only a portion of
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a criminal history record pertaining to one arrest or one
413
incident of alleged criminal activity. Notwithstanding any law to
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the contrary, a criminal justice agency may comply with laws,
415
court orders, and official requests of other jurisdictions
416
relating to sealing, correction, or confidential handling of
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criminal history records or information derived therefrom. This
418
section does not confer any right to the sealing of any criminal
419
history record, and any request for sealing a criminal history
420
record may be denied at the sole discretion of the court.
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(2)(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
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petition to a court to seal a criminal history record is complete
423
only when accompanied by:
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(a) A valid certificate of eligibility for sealing issued
425
by the department pursuant to subsection (2).
426
(b) The petitioner's sworn statement attesting that the
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petitioner:
428
1. Has never, prior to the date on which the petition is
429
filed, been adjudicated guilty of a criminal offense or
430
comparable ordinance violation, or been adjudicated delinquent
431
for committing any felony or a misdemeanor specified in s.
432
943.051(3)(b).
433
2. Has not been adjudicated guilty of or adjudicated
434
delinquent for committing any of the acts stemming from the
435
arrest or alleged criminal activity to which the petition to seal
436
pertains.
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3. Except as otherwise provided in this section, has never
438
secured a prior sealing or expunction of a criminal history
439
record under this section, former s. 893.14, former s. 901.33,
440
former s. 943.058, or from any jurisdiction outside the state.
441
4. Is eligible for such a sealing to the best of his or her
442
knowledge or belief and does not have any other petition to seal
443
or any petition to expunge pending before any court.
444
445
Any person who knowingly provides false information on such sworn
446
statement to the court commits a felony of the third degree,
448
(3)(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
449
petitioning the court to seal a criminal history record, a person
450
seeking to seal a criminal history record shall apply to the
451
department for a certificate of eligibility for sealing. The
452
department shall, by rule adopted pursuant to chapter 120,
453
establish procedures pertaining to the application for and
454
issuance of certificates of eligibility for sealing. A
455
certificate of eligibility for sealing is valid for 12 months
456
after the date stamped on the certificate when issued by the
457
department. After that time, the petitioner must reapply to the
458
department for a new certificate of eligibility. Eligibility for
459
a renewed certification of eligibility must be based on the
460
status of the applicant and the law in effect at the time of the
461
renewal application. The department shall issue a certificate of
462
eligibility for sealing to a person who is the subject of a
463
criminal history record provided that such person:
464
(a) Has submitted to the department a certified copy of the
465
disposition of the charge to which the petition to seal pertains.
466
(b) Remits a $75 processing fee to the department for
467
placement in the Department of Law Enforcement Operating Trust
468
Fund, unless such fee is waived by the executive director.
469
(c) Has never, prior to the date on which the application
470
for a certificate of eligibility is filed, been adjudicated
471
guilty of a criminal offense or comparable ordinance violation,
472
or been adjudicated delinquent for committing any felony or a
473
misdemeanor specified in s. 943.051(3)(b).
474
(d) Has not been adjudicated guilty of or adjudicated
475
delinquent for committing any of the acts stemming from the
476
arrest or alleged criminal activity to which the petition to seal
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pertains.
478
(e) Has never secured a prior sealing or expunction of a
479
criminal history record under this section, former s. 893.14,
480
former s. 901.33, or former s. 943.058 involving an offense for
481
which the defendant had been found guilty or pled guilty or nolo
482
contendere.
483
(f) Is no longer under court supervision applicable to the
484
disposition of the arrest or alleged criminal activity to which
485
the petition to seal pertains.
486
(4)(3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
487
(a) In judicial proceedings under this section, a copy of
488
the completed petition to seal shall be served upon the
489
appropriate state attorney or the statewide prosecutor and upon
490
the arresting agency; however, it is not necessary to make any
491
agency other than the state a party. The appropriate state
492
attorney or the statewide prosecutor and the arresting agency may
493
respond to the court regarding the completed petition to seal.
494
(b) If relief is granted by the court, the clerk of the
495
court shall certify copies of the order to the appropriate state
496
attorney or the statewide prosecutor, the county, and to the
497
arresting agency. The arresting agency is responsible for
498
forwarding the order to any other agency to which the arresting
499
agency disseminated the criminal history record information to
500
which the order pertains. The county is responsible for
501
forwarding the order to any agency, organization, or company to
502
which the county disseminated the criminal history information to
503
which the order pertains. The department shall forward the order
504
to seal to the Federal Bureau of Investigation. The clerk of the
505
court shall certify a copy of the order to any other agency which
506
the records of the court reflect has received the criminal
507
history record from the court.
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(c) For an order to seal entered by a court prior to July
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1, 1992, the department shall notify the appropriate state
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attorney or statewide prosecutor of any order to seal which is
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contrary to law because the person who is the subject of the
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record has previously been convicted of a crime or comparable
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ordinance violation or has had a prior criminal history record
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sealed or expunged. Upon receipt of such notice, the appropriate
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state attorney or statewide prosecutor shall take action, within
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60 days, to correct the record and petition the court to void the
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order to seal. The department shall seal the record until such
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time as the order is voided by the court.
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(d) On or after July 1, 1992, the department or any other
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criminal justice agency is not required to act on an order to
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seal entered by a court when such order does not comply with the
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requirements of this section. Upon receipt of such an order, the
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department must notify the issuing court, the appropriate state
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attorney or statewide prosecutor, the petitioner or the
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petitioner's attorney, and the arresting agency of the reason for
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noncompliance. The appropriate state attorney or statewide
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prosecutor shall take action within 60 days to correct the record
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and petition the court to void the order. No cause of action,
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including contempt of court, shall arise against any criminal
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justice agency for failure to comply with an order to seal when
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the petitioner for such order failed to obtain the certificate of
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eligibility as required by this section or when such order does
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not comply with the requirements of this section.
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(e) An order sealing a criminal history record pursuant to
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this section does not require that such record be surrendered to
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the court, and such record shall continue to be maintained by the
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department and other criminal justice agencies.
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(f) An agency, organization, or company to which the
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county, department, or arresting agency disseminated the criminal
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history information and which has received the order sealing the
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record may not release the sealed information to the public after
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30 days following the date that it receives the court order
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sealing the record.
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(5)(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
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criminal history record of a minor or an adult which is ordered
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sealed by a court of competent jurisdiction pursuant to this
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section is confidential and exempt from the provisions of s.
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119.07(1) and s. 24(a), Art. I of the State Constitution and is
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available only to the person who is the subject of the record, to
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the subject's attorney, to criminal justice agencies for their
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respective criminal justice purposes, which include conducting a
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criminal history background check for approval of firearms
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purchases or transfers as authorized by state or federal law, or
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to those entities set forth in subparagraphs (a)1., 4., 5., 6.,
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and 8. for their respective licensing, access authorization, and
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employment purposes.
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(a) The subject of a criminal history record sealed under
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this section or under other provisions of law, including former
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s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
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deny or fail to acknowledge the arrests covered by the sealed
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record, except when the subject of the record:
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1. Is a candidate for employment with a criminal justice
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agency;
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2. Is a defendant in a criminal prosecution;
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3. Concurrently or subsequently petitions for relief under
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this section or s. 943.0585;
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4. Is a candidate for admission to The Florida Bar;
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5. Is seeking to be employed or licensed by or to contract
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with the Department of Children and Family Services or the
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Department of Juvenile Justice or to be employed or used by such
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contractor or licensee in a sensitive position having direct
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contact with children, the developmentally disabled, the aged, or
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985.644, chapter 400, or chapter 429;
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6. Is seeking to be employed or licensed by the Department
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of Education, any district school board, any university
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laboratory school, any charter school, any private or parochial
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school, or any local governmental entity that licenses child care
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facilities;
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7. Is attempting to purchase a firearm from a licensed
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importer, licensed manufacturer, or licensed dealer and is
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subject to a criminal history background check under state or
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federal law; or
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8. Is seeking authorization from a Florida seaport
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identified in s. 311.09 for employment within or access to one or
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(b) Subject to the exceptions in paragraph (a), a person
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who has been granted a sealing under this section, former s.
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893.14, former s. 901.33, or former s. 943.058 may not be held
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under any provision of law of this state to commit perjury or to
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be otherwise liable for giving a false statement by reason of
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such person's failure to recite or acknowledge a sealed criminal
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history record.
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(c) Information relating to the existence of a sealed
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criminal record provided in accordance with the provisions of
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paragraph (a) is confidential and exempt from the provisions of
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
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except that the department shall disclose the sealed criminal
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history record to the entities set forth in subparagraphs (a)1.,
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4., 5., 6., and 8. for their respective licensing, access
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authorization, and employment purposes. It is unlawful for any
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employee of an entity set forth in subparagraph (a)1.,
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subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
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subparagraph (a)8. to disclose information relating to the
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existence of a sealed criminal history record of a person seeking
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employment, access authorization, or licensure with such entity
609
or contractor, except to the person to whom the criminal history
610
record relates or to persons having direct responsibility for
611
employment, access authorization, or licensure decisions. Any
612
person who violates the provisions of this paragraph commits a
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misdemeanor of the first degree, punishable as provided in s.
615
(6)(5) STATUTORY REFERENCES.--Any reference to any other
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chapter, section, or subdivision of the Florida Statutes in this
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section constitutes a general reference under the doctrine of
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incorporation by reference.
619
Section 4. Paragraph (a) of subsection (2) of section
620
943.0582, Florida Statutes, is amended to read:
621
943.0582 Prearrest, postarrest, or teen court diversion
622
program expunction.--
623
(2)(a) As used in this section, the term "expunction" has
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the same meaning ascribed in and effect as s. 943.0585, except
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that:
627
not apply, except that the criminal history record of a person
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whose record is expunged pursuant to this section shall be made
629
available only to criminal justice agencies for the purpose of
630
determining eligibility for prearrest, postarrest, or teen court
631
diversion programs; when the record is sought as part of a
632
criminal investigation; or when the subject of the record is a
633
candidate for employment with a criminal justice agency. For all
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other purposes, a person whose record is expunged under this
635
section may lawfully deny or fail to acknowledge the arrest and
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the charge covered by the expunged record.
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2. Records maintained by local criminal justice agencies in
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the county in which the arrest occurred that are eligible for
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expunction pursuant to this section shall be sealed as the term
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is used in s. 943.059.
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Section 5. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.