SB 340 First Engrossed
2010340e1
1 A bill to be entitled
2 An act relating to sealing and expunging criminal
3 history records; providing a short title; amending s.
4 943.0585, F.S.; authorizing a court to expunge a
5 criminal history record of a person who had a prior
6 criminal history record sealed or expunged in certain
7 circumstances; amending s. 943.059, F.S.; authorizing
8 a court to seal a criminal history record of a person
9 who had a prior criminal history record sealed or
10 expunged in certain circumstances; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. This act may be cited as the “Jim King Keep
16 Florida Working Act.”
17 Section 2. Section 943.0585, Florida Statutes, is amended
18 to read:
19 943.0585 Court-ordered expunction of criminal history
20 records.—The courts of this state have jurisdiction over their
21 own procedures, including the maintenance, expunction, and
22 correction of judicial records containing criminal history
23 information to the extent such procedures are not inconsistent
24 with the conditions, responsibilities, and duties established by
25 this section. Any court of competent jurisdiction may order a
26 criminal justice agency to expunge the criminal history record
27 of a minor or an adult who complies with the requirements of
28 this section. The court shall not order a criminal justice
29 agency to expunge a criminal history record until the person
30 seeking to expunge a criminal history record has applied for and
31 received a certificate of eligibility for expunction pursuant to
32 subsection (2). A criminal history record that relates to a
33 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
34 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
35 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
36 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
37 any violation specified as a predicate offense for registration
38 as a sexual predator pursuant to s. 775.21, without regard to
39 whether that offense alone is sufficient to require such
40 registration, or for registration as a sexual offender pursuant
41 to s. 943.0435, may not be expunged, without regard to whether
42 adjudication was withheld, if the defendant was found guilty of
43 or pled guilty or nolo contendere to the offense, or if the
44 defendant, as a minor, was found to have committed, or pled
45 guilty or nolo contendere to committing, the offense as a
46 delinquent act. The court may only order expunction of a
47 criminal history record pertaining to one arrest or one incident
48 of alleged criminal activity, except as provided in this
49 section. The court may, at its sole discretion, order the
50 expunction of a criminal history record pertaining to more than
51 one arrest if the additional arrests directly relate to the
52 original arrest. If the court intends to order the expunction of
53 records pertaining to such additional arrests, such intent must
54 be specified in the order. A criminal justice agency may not
55 expunge any record pertaining to such additional arrests if the
56 order to expunge does not articulate the intention of the court
57 to expunge a record pertaining to more than one arrest. This
58 section does not prevent the court from ordering the expunction
59 of only a portion of a criminal history record pertaining to one
60 arrest or one incident of alleged criminal activity.
61 Notwithstanding any law to the contrary, a criminal justice
62 agency may comply with laws, court orders, and official requests
63 of other jurisdictions relating to expunction, correction, or
64 confidential handling of criminal history records or information
65 derived therefrom. This section does not confer any right to the
66 expunction of any criminal history record, and any request for
67 expunction of a criminal history record may be denied at the
68 sole discretion of the court.
69 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
70 petition to a court to expunge a criminal history record is
71 complete only when accompanied by:
72 (a) A valid certificate of eligibility for expunction
73 issued by the department pursuant to subsection (2).
74 (b) The petitioner’s sworn statement attesting that the
75 petitioner:
76 1. Has never, prior to the date on which the petition is
77 filed, been adjudicated guilty of a criminal offense or
78 comparable ordinance violation, or been adjudicated delinquent
79 for committing any felony or a misdemeanor specified in s.
80 943.051(3)(b).
81 2. Has not been adjudicated guilty of, or adjudicated
82 delinquent for committing, any of the acts stemming from the
83 arrest or alleged criminal activity to which the petition
84 pertains.
85 3. Has never secured a prior sealing or expunction, except
86 as provided in subsection (5) and s. 943.059(5), of a criminal
87 history record under this section, former s. 893.14, former s.
88 901.33, or former s. 943.058, or from any jurisdiction outside
89 the state, unless expunction is sought of a criminal history
90 record previously sealed for 10 years pursuant to paragraph
91 (2)(h) and the record is otherwise eligible for expunction.
92 4. Is eligible for such an expunction to the best of his or
93 her knowledge or belief and does not have any other petition to
94 expunge or any petition to seal pending before any court.
95
96 Any person who knowingly provides false information on such
97 sworn statement to the court commits a felony of the third
98 degree, punishable as provided in s. 775.082, s. 775.083, or s.
99 775.084.
100 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
101 petitioning the court to expunge a criminal history record, a
102 person seeking to expunge a criminal history record shall apply
103 to the department for a certificate of eligibility for
104 expunction. The department shall, by rule adopted pursuant to
105 chapter 120, establish procedures pertaining to the application
106 for and issuance of certificates of eligibility for expunction.
107 A certificate of eligibility for expunction is valid for 12
108 months after the date stamped on the certificate when issued by
109 the department. After that time, the petitioner must reapply to
110 the department for a new certificate of eligibility. Eligibility
111 for a renewed certification of eligibility must be based on the
112 status of the applicant and the law in effect at the time of the
113 renewal application. The department shall issue a certificate of
114 eligibility for expunction to a person who is the subject of a
115 criminal history record if that person:
116 (a) Has obtained, and submitted to the department, a
117 written, certified statement from the appropriate clerk of court
118 state attorney or statewide prosecutor which indicates:
119 1. That an indictment, information, or other charging
120 document was not filed or issued in the case.
121 2. That an indictment, information, or other charging
122 document, if filed or issued in the case, was dismissed or nolle
123 prosequi by the state attorney or statewide prosecutor, or was
124 dismissed by a court of competent jurisdiction, and that none of
125 the charges related to the arrest or alleged criminal activity
126 to which the petition to expunge pertains resulted in a trial,
127 without regard to whether the outcome of the trial was other
128 than an adjudication of guilt.
129 3. That the criminal history record does not relate to a
130 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
131 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
132 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
133 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
134 any violation specified as a predicate offense for registration
135 as a sexual predator pursuant to s. 775.21, without regard to
136 whether that offense alone is sufficient to require such
137 registration, or for registration as a sexual offender pursuant
138 to s. 943.0435, where the defendant was found guilty of, or pled
139 guilty or nolo contendere to any such offense, or that the
140 defendant, as a minor, was found to have committed, or pled
141 guilty or nolo contendere to committing, such an offense as a
142 delinquent act, without regard to whether adjudication was
143 withheld.
144 (b) Remits a $75 processing fee to the department for
145 placement in the Department of Law Enforcement Operating Trust
146 Fund, unless such fee is waived by the executive director.
147 (c) Has submitted to the department a certified copy of the
148 disposition of the charge to which the petition to expunge
149 pertains.
150 (d) Has never, prior to the date on which the application
151 for a certificate of eligibility is filed, been adjudicated
152 guilty of a criminal offense or comparable ordinance violation,
153 or been adjudicated delinquent for committing any felony or a
154 misdemeanor specified in s. 943.051(3)(b).
155 (e) Has not been adjudicated guilty of, or adjudicated
156 delinquent for committing, any of the acts stemming from the
157 arrest or alleged criminal activity to which the petition to
158 expunge pertains.
159 (f) Has never secured a prior sealing or expunction, except
160 as provided in subsection (5) and s. 943.059(5), of a criminal
161 history record under this section, former s. 893.14, former s.
162 901.33, or former s. 943.058, unless expunction is sought of a
163 criminal history record previously sealed for 10 years pursuant
164 to paragraph (h) and the record is otherwise eligible for
165 expunction.
166 (g) Is no longer under court supervision applicable to the
167 disposition of the arrest or alleged criminal activity to which
168 the petition to expunge pertains.
169 (h) Has previously obtained a court order sealing the
170 record under this section, former s. 893.14, former s. 901.33,
171 or former s. 943.058 for a minimum of 10 years because
172 adjudication was withheld or because all charges related to the
173 arrest or alleged criminal activity to which the petition to
174 expunge pertains were not dismissed prior to trial, without
175 regard to whether the outcome of the trial was other than an
176 adjudication of guilt. The requirement for the record to have
177 previously been sealed for a minimum of 10 years does not apply
178 when a plea was not entered or all charges related to the arrest
179 or alleged criminal activity to which the petition to expunge
180 pertains were dismissed prior to trial.
181 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
182 (a) In judicial proceedings under this section, a copy of
183 the completed petition to expunge shall be served upon the
184 appropriate state attorney or the statewide prosecutor and upon
185 the arresting agency; however, it is not necessary to make any
186 agency other than the state a party. The appropriate state
187 attorney or the statewide prosecutor and the arresting agency
188 may respond to the court regarding the completed petition to
189 expunge.
190 (b) If relief is granted by the court, the clerk of the
191 court shall certify copies of the order to the appropriate state
192 attorney or the statewide prosecutor and the arresting agency.
193 The arresting agency is responsible for forwarding the order to
194 any other agency to which the arresting agency disseminated the
195 criminal history record information to which the order pertains.
196 The department shall forward the order to expunge to the Federal
197 Bureau of Investigation. The clerk of the court shall certify a
198 copy of the order to any other agency which the records of the
199 court reflect has received the criminal history record from the
200 court.
201 (c) For an order to expunge entered by a court prior to
202 July 1, 1992, the department shall notify the appropriate state
203 attorney or statewide prosecutor of an order to expunge which is
204 contrary to law because the person who is the subject of the
205 record has previously been convicted of a crime or comparable
206 ordinance violation or has had a prior criminal history record
207 sealed or expunged, except as provided in subsection (5) and s.
208 943.059(5). Upon receipt of such notice, the appropriate state
209 attorney or statewide prosecutor shall take action, within 60
210 days, to correct the record and petition the court to void the
211 order to expunge. The department shall seal the record until
212 such time as the order is voided by the court.
213 (d) On or after July 1, 1992, the department or any other
214 criminal justice agency is not required to act on an order to
215 expunge entered by a court when such order does not comply with
216 the requirements of this section. Upon receipt of such an order,
217 the department must notify the issuing court, the appropriate
218 state attorney or statewide prosecutor, the petitioner or the
219 petitioner’s attorney, and the arresting agency of the reason
220 for noncompliance. The appropriate state attorney or statewide
221 prosecutor shall take action within 60 days to correct the
222 record and petition the court to void the order. No cause of
223 action, including contempt of court, shall arise against any
224 criminal justice agency for failure to comply with an order to
225 expunge when the petitioner for such order failed to obtain the
226 certificate of eligibility as required by this section or such
227 order does not otherwise comply with the requirements of this
228 section.
229 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
230 criminal history record of a minor or an adult which is ordered
231 expunged by a court of competent jurisdiction pursuant to this
232 section must be physically destroyed or obliterated by any
233 criminal justice agency having custody of such record; except
234 that any criminal history record in the custody of the
235 department must be retained in all cases. A criminal history
236 record ordered expunged that is retained by the department is
237 confidential and exempt from the provisions of s. 119.07(1) and
238 s. 24(a), Art. I of the State Constitution and not available to
239 any person or entity except upon order of a court of competent
240 jurisdiction. A criminal justice agency may retain a notation
241 indicating compliance with an order to expunge.
242 (a) The person who is the subject of a criminal history
243 record that is expunged under this section or under other
244 provisions of law, including former s. 893.14, former s. 901.33,
245 and former s. 943.058, may lawfully deny or fail to acknowledge
246 the arrests covered by the expunged record, except when the
247 subject of the record:
248 1. Is a candidate for employment with a criminal justice
249 agency;
250 2. Is a defendant in a criminal prosecution;
251 3. Concurrently or subsequently petitions for relief under
252 this section or s. 943.059;
253 4. Is a candidate for admission to The Florida Bar;
254 5. Is seeking to be employed or licensed by or to contract
255 with the Department of Children and Family Services, the Agency
256 for Health Care Administration, the Agency for Persons with
257 Disabilities, or the Department of Juvenile Justice or to be
258 employed or used by such contractor or licensee in a sensitive
259 position having direct contact with children, the
260 developmentally disabled, the aged, or the elderly as provided
261 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
262 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
263 chapter 916, s. 985.644, chapter 400, or chapter 429;
264 6. Is seeking to be employed or licensed by the Department
265 of Education, any district school board, any university
266 laboratory school, any charter school, any private or parochial
267 school, or any local governmental entity that licenses child
268 care facilities; or
269 7. Is seeking authorization from a seaport listed in s.
270 311.09 for employment within or access to one or more of such
271 seaports pursuant to s. 311.12.
272 (b) Subject to the exceptions in paragraph (a), a person
273 who has been granted an expunction under this section, former s.
274 893.14, former s. 901.33, or former s. 943.058 may not be held
275 under any provision of law of this state to commit perjury or to
276 be otherwise liable for giving a false statement by reason of
277 such person’s failure to recite or acknowledge an expunged
278 criminal history record.
279 (c) Information relating to the existence of an expunged
280 criminal history record which is provided in accordance with
281 paragraph (a) is confidential and exempt from the provisions of
282 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
283 except that the department shall disclose the existence of a
284 criminal history record ordered expunged to the entities set
285 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
286 respective licensing, access authorization, and employment
287 purposes, and to criminal justice agencies for their respective
288 criminal justice purposes. It is unlawful for any employee of an
289 entity set forth in subparagraph (a)1., subparagraph (a)4.,
290 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
291 disclose information relating to the existence of an expunged
292 criminal history record of a person seeking employment, access
293 authorization, or licensure with such entity or contractor,
294 except to the person to whom the criminal history record relates
295 or to persons having direct responsibility for employment,
296 access authorization, or licensure decisions. Any person who
297 violates this paragraph commits a misdemeanor of the first
298 degree, punishable as provided in s. 775.082 or s. 775.083.
299 (5) EXPUNCTION OF CRIMINAL HISTORY RECORD AFTER PRIOR
300 SEALING OR EXPUNCTION.—
301 (a) A court may expunge a person’s criminal history record
302 after a prior criminal history record has been sealed or
303 expunged only if the person obtains a certificate from the
304 department to expunge the criminal history record. The
305 department shall issue the certificate for a second expunction
306 only if:
307 1. The person has had only one prior expunction of his or
308 her criminal history record under this section or one prior
309 expunction following the sealing of the same arrest or alleged
310 criminal activity that was expunged;
311 2. The person has not been arrested in this state during
312 the 10-year period prior to the date on which the application
313 for the certificate is filed; and
314 3. The person has not previously sealed or expunged a
315 criminal history record that involved the same offense to which
316 the petition to expunge pertains.
317 (b) All other provisions and requirements of this section
318 apply to an application to expunge a second criminal history
319 record.
320 (6)(5) STATUTORY REFERENCES.—Any reference to any other
321 chapter, section, or subdivision of the Florida Statutes in this
322 section constitutes a general reference under the doctrine of
323 incorporation by reference.
324 Section 3. Section 943.059, Florida Statutes, is amended to
325 read:
326 943.059 Court-ordered sealing of criminal history records.
327 The courts of this state shall continue to have jurisdiction
328 over their own procedures, including the maintenance, sealing,
329 and correction of judicial records containing criminal history
330 information to the extent such procedures are not inconsistent
331 with the conditions, responsibilities, and duties established by
332 this section. Any court of competent jurisdiction may order a
333 criminal justice agency to seal the criminal history record of a
334 minor or an adult who complies with the requirements of this
335 section. The court shall not order a criminal justice agency to
336 seal a criminal history record until the person seeking to seal
337 a criminal history record has applied for and received a
338 certificate of eligibility for sealing pursuant to subsection
339 (2). A criminal history record that relates to a violation of s.
340 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
341 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
342 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
343 916.1075, a violation enumerated in s. 907.041, or any violation
344 specified as a predicate offense for registration as a sexual
345 predator pursuant to s. 775.21, without regard to whether that
346 offense alone is sufficient to require such registration, or for
347 registration as a sexual offender pursuant to s. 943.0435, may
348 not be sealed, without regard to whether adjudication was
349 withheld, if the defendant was found guilty of or pled guilty or
350 nolo contendere to the offense, or if the defendant, as a minor,
351 was found to have committed or pled guilty or nolo contendere to
352 committing the offense as a delinquent act. The court may only
353 order sealing of a criminal history record pertaining to one
354 arrest or one incident of alleged criminal activity, except as
355 provided in this section. The court may, at its sole discretion,
356 order the sealing of a criminal history record pertaining to
357 more than one arrest if the additional arrests directly relate
358 to the original arrest. If the court intends to order the
359 sealing of records pertaining to such additional arrests, such
360 intent must be specified in the order. A criminal justice agency
361 may not seal any record pertaining to such additional arrests if
362 the order to seal does not articulate the intention of the court
363 to seal records pertaining to more than one arrest. This section
364 does not prevent the court from ordering the sealing of only a
365 portion of a criminal history record pertaining to one arrest or
366 one incident of alleged criminal activity. Notwithstanding any
367 law to the contrary, a criminal justice agency may comply with
368 laws, court orders, and official requests of other jurisdictions
369 relating to sealing, correction, or confidential handling of
370 criminal history records or information derived therefrom. This
371 section does not confer any right to the sealing of any criminal
372 history record, and any request for sealing a criminal history
373 record may be denied at the sole discretion of the court.
374 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
375 petition to a court to seal a criminal history record is
376 complete only when accompanied by:
377 (a) A valid certificate of eligibility for sealing issued
378 by the department pursuant to subsection (2).
379 (b) The petitioner’s sworn statement attesting that the
380 petitioner:
381 1. Has never, prior to the date on which the petition is
382 filed, been adjudicated guilty of a criminal offense or
383 comparable ordinance violation, or been adjudicated delinquent
384 for committing any felony or a misdemeanor specified in s.
385 943.051(3)(b).
386 2. Has not been adjudicated guilty of or adjudicated
387 delinquent for committing any of the acts stemming from the
388 arrest or alleged criminal activity to which the petition to
389 seal pertains.
390 3. Has never secured a prior sealing or expunction, except
391 as provided in subsection (5), of a criminal history record
392 under this section, former s. 893.14, former s. 901.33, former
393 s. 943.058, or from any jurisdiction outside the state.
394 4. Is eligible for such a sealing to the best of his or her
395 knowledge or belief and does not have any other petition to seal
396 or any petition to expunge pending before any court.
397
398 Any person who knowingly provides false information on such
399 sworn statement to the court commits a felony of the third
400 degree, punishable as provided in s. 775.082, s. 775.083, or s.
401 775.084.
402 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
403 petitioning the court to seal a criminal history record, a
404 person seeking to seal a criminal history record shall apply to
405 the department for a certificate of eligibility for sealing. The
406 department shall, by rule adopted pursuant to chapter 120,
407 establish procedures pertaining to the application for and
408 issuance of certificates of eligibility for sealing. A
409 certificate of eligibility for sealing is valid for 12 months
410 after the date stamped on the certificate when issued by the
411 department. After that time, the petitioner must reapply to the
412 department for a new certificate of eligibility. Eligibility for
413 a renewed certification of eligibility must be based on the
414 status of the applicant and the law in effect at the time of the
415 renewal application. The department shall issue a certificate of
416 eligibility for sealing to a person who is the subject of a
417 criminal history record provided that such person:
418 (a) Has submitted to the department a certified copy of the
419 disposition of the charge to which the petition to seal
420 pertains.
421 (b) Remits a $75 processing fee to the department for
422 placement in the Department of Law Enforcement Operating Trust
423 Fund, unless such fee is waived by the executive director.
424 (c) Has never, prior to the date on which the application
425 for a certificate of eligibility is filed, been adjudicated
426 guilty of a criminal offense or comparable ordinance violation,
427 or been adjudicated delinquent for committing any felony or a
428 misdemeanor specified in s. 943.051(3)(b).
429 (d) Has not been adjudicated guilty of or adjudicated
430 delinquent for committing any of the acts stemming from the
431 arrest or alleged criminal activity to which the petition to
432 seal pertains.
433 (e) Has never secured a prior sealing or expunction, except
434 as provided in subsection (5), of a criminal history record
435 under this section, former s. 893.14, former s. 901.33, or
436 former s. 943.058.
437 (f) Is no longer under court supervision applicable to the
438 disposition of the arrest or alleged criminal activity to which
439 the petition to seal pertains.
440 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
441 (a) In judicial proceedings under this section, a copy of
442 the completed petition to seal shall be served upon the
443 appropriate state attorney or the statewide prosecutor and upon
444 the arresting agency; however, it is not necessary to make any
445 agency other than the state a party. The appropriate state
446 attorney or the statewide prosecutor and the arresting agency
447 may respond to the court regarding the completed petition to
448 seal.
449 (b) If relief is granted by the court, the clerk of the
450 court shall certify copies of the order to the appropriate state
451 attorney or the statewide prosecutor and to the arresting
452 agency. The arresting agency is responsible for forwarding the
453 order to any other agency to which the arresting agency
454 disseminated the criminal history record information to which
455 the order pertains. The department shall forward the order to
456 seal to the Federal Bureau of Investigation. The clerk of the
457 court shall certify a copy of the order to any other agency
458 which the records of the court reflect has received the criminal
459 history record from the court.
460 (c) For an order to seal entered by a court prior to July
461 1, 1992, the department shall notify the appropriate state
462 attorney or statewide prosecutor of any order to seal which is
463 contrary to law because the person who is the subject of the
464 record has previously been convicted of a crime or comparable
465 ordinance violation or has had a prior criminal history record
466 sealed or expunged, except as provided in subsection (5). Upon
467 receipt of such notice, the appropriate state attorney or
468 statewide prosecutor shall take action, within 60 days, to
469 correct the record and petition the court to void the order to
470 seal. The department shall seal the record until such time as
471 the order is voided by the court.
472 (d) On or after July 1, 1992, the department or any other
473 criminal justice agency is not required to act on an order to
474 seal entered by a court when such order does not comply with the
475 requirements of this section. Upon receipt of such an order, the
476 department must notify the issuing court, the appropriate state
477 attorney or statewide prosecutor, the petitioner or the
478 petitioner’s attorney, and the arresting agency of the reason
479 for noncompliance. The appropriate state attorney or statewide
480 prosecutor shall take action within 60 days to correct the
481 record and petition the court to void the order. No cause of
482 action, including contempt of court, shall arise against any
483 criminal justice agency for failure to comply with an order to
484 seal when the petitioner for such order failed to obtain the
485 certificate of eligibility as required by this section or when
486 such order does not comply with the requirements of this
487 section.
488 (e) An order sealing a criminal history record pursuant to
489 this section does not require that such record be surrendered to
490 the court, and such record shall continue to be maintained by
491 the department and other criminal justice agencies.
492 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
493 history record of a minor or an adult which is ordered sealed by
494 a court of competent jurisdiction pursuant to this section is
495 confidential and exempt from the provisions of s. 119.07(1) and
496 s. 24(a), Art. I of the State Constitution and is available only
497 to the person who is the subject of the record, to the subject’s
498 attorney, to criminal justice agencies for their respective
499 criminal justice purposes, which include conducting a criminal
500 history background check for approval of firearms purchases or
501 transfers as authorized by state or federal law, to judges in
502 the state courts system for the purpose of assisting them in
503 their case-related decisionmaking responsibilities, as set forth
504 in s. 943.053(5), or to those entities set forth in
505 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
506 licensing, access authorization, and employment purposes.
507 (a) The subject of a criminal history record sealed under
508 this section or under other provisions of law, including former
509 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
510 deny or fail to acknowledge the arrests covered by the sealed
511 record, except when the subject of the record:
512 1. Is a candidate for employment with a criminal justice
513 agency;
514 2. Is a defendant in a criminal prosecution;
515 3. Concurrently or subsequently petitions for relief under
516 this section or s. 943.0585;
517 4. Is a candidate for admission to The Florida Bar;
518 5. Is seeking to be employed or licensed by or to contract
519 with the Department of Children and Family Services, the Agency
520 for Health Care Administration, the Agency for Persons with
521 Disabilities, or the Department of Juvenile Justice or to be
522 employed or used by such contractor or licensee in a sensitive
523 position having direct contact with children, the
524 developmentally disabled, the aged, or the elderly as provided
525 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
526 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
527 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
528 6. Is seeking to be employed or licensed by the Department
529 of Education, any district school board, any university
530 laboratory school, any charter school, any private or parochial
531 school, or any local governmental entity that licenses child
532 care facilities;
533 7. Is attempting to purchase a firearm from a licensed
534 importer, licensed manufacturer, or licensed dealer and is
535 subject to a criminal history check under state or federal law;
536 or
537 8. Is seeking authorization from a Florida seaport
538 identified in s. 311.09 for employment within or access to one
539 or more of such seaports pursuant to s. 311.12.
540 (b) Subject to the exceptions in paragraph (a), a person
541 who has been granted a sealing under this section, former s.
542 893.14, former s. 901.33, or former s. 943.058 may not be held
543 under any provision of law of this state to commit perjury or to
544 be otherwise liable for giving a false statement by reason of
545 such person’s failure to recite or acknowledge a sealed criminal
546 history record.
547 (c) Information relating to the existence of a sealed
548 criminal record provided in accordance with the provisions of
549 paragraph (a) is confidential and exempt from the provisions of
550 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
551 except that the department shall disclose the sealed criminal
552 history record to the entities set forth in subparagraphs (a)1.,
553 4., 5., 6., and 8. for their respective licensing, access
554 authorization, and employment purposes. It is unlawful for any
555 employee of an entity set forth in subparagraph (a)1.,
556 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
557 subparagraph (a)8. to disclose information relating to the
558 existence of a sealed criminal history record of a person
559 seeking employment, access authorization, or licensure with such
560 entity or contractor, except to the person to whom the criminal
561 history record relates or to persons having direct
562 responsibility for employment, access authorization, or
563 licensure decisions. Any person who violates the provisions of
564 this paragraph commits a misdemeanor of the first degree,
565 punishable as provided in s. 775.082 or s. 775.083.
566 (5) SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
567 OR EXPUNCTION.—
568 (a) A court may seal a person’s criminal history record
569 after a prior criminal history record has been sealed or
570 expunged only if the person obtains a certificate from the
571 department to seal the criminal history record. The department
572 shall issue the certificate for a second sealing only if:
573 1. The person has had only one prior expunction or sealing
574 of his or her criminal history record under s. 943.0585 or this
575 section or one prior expunction following the sealing of the
576 same arrest or alleged criminal activity that was expunged;
577 2. The person has not been arrested in this state during
578 the 5-year period prior to the date on which the application for
579 the certificate is filed; and
580 3. The person has not previously sealed or expunged a
581 criminal history record that involved the same offense to which
582 the petition to seal pertains.
583 (b) All other provisions and requirements of this section
584 apply to an application to seal a second criminal history
585 record.
586 (6)(5) STATUTORY REFERENCES.—Any reference to any other
587 chapter, section, or subdivision of the Florida Statutes in this
588 section constitutes a general reference under the doctrine of
589 incorporation by reference.
590 Section 4. This act shall take effect July 1, 2010.