HB 1297

1
A bill to be entitled
2An act relating to criminal history records of juveniles;
3creating s. 943.05825, F.S.; providing for the automatic
4sealing of records of juvenile offenses upon completion of
5sentence; providing exceptions; providing for the effect
6of sealing; providing for application of other specified
7provisions relating to expunction and sealing of records;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 943.05825, Florida Statutes, is created
13to read:
14     943.05825  Automatic sealing of juvenile records.-
15     (1)  Notwithstanding any other law, the criminal history
16record of any juvenile offenses committed by a juvenile shall be
17automatically sealed upon the juvenile's completion of all
18sentences for those offenses, except for the record of any
19offense for which the juvenile was:
20     (a)  Transferred to the adult system under s. 985.557,
21indicted under s. 985.56, or waived into the adult system under
22s. 985.556; or
23     (b)  Transferred to the adult system but sentenced to the
24juvenile system under s. 985.565.
25     (2)  As used in this section, the term "sealed" or
26"sealing" has the same meaning in effect and ascribed in s.
27943.059, excluding s. 943.059(4)(a), except that the criminal
28history record of a person whose record is sealed pursuant to
29this section shall be made available only to criminal justice
30agencies for the purpose of determining eligibility for
31prearrest, postarrest, or teen court diversion programs; when
32the record is sought as part of a criminal investigation; or
33when the subject of the record is a candidate for employment
34with a criminal justice agency. For all other purposes, a person
35whose record is sealed under this section may lawfully deny or
36fail to acknowledge the arrest and the charge covered by the
37sealed record.
38     (3)  Sealing granted under this section does not prevent
39the juvenile who receives such relief from petitioning for the
40expunction or sealing of a later criminal history record as
41provided in ss. 943.0585 and 943.059 if the juvenile is
42otherwise eligible under those sections.
43     Section 2.  This act shall take effect July 1, 2011.


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