Florida Senate - 2011                                    SB 1534
       By Senator Smith
       29-01368-11                                           20111534__
    1                        A bill to be entitled                      
    2         An act relating to criminal history records of
    3         juveniles; creating s. 943.05825, F.S.; providing for
    4         the automatic sealing of records of juvenile offenses
    5         upon completion of sentence; providing exceptions;
    6         providing for the effect of sealing; providing for
    7         application of other specified provisions relating to
    8         expunction and sealing of records; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 943.05825, Florida Statutes, is created
   14  to read:
   15         943.05825 Automatic sealing of juvenile records.—
   16         (1) Notwithstanding any other law, the criminal history
   17  record of any juvenile offenses committed by a juvenile shall be
   18  automatically sealed upon the juvenile’s completion of all
   19  sentences for those offenses, except for the record of any
   20  offense for which the juvenile was:
   21         (a) Transferred to the adult system under s. 985.557,
   22  indicted under s. 985.56, or waived into the adult system under
   23  s. 985.556; or
   24         (b) Transferred to the adult system but sentenced to the
   25  juvenile system under s. 985.565.
   26         (2) As used in this section, the term “sealed” or “sealing”
   27  has the same meaning in effect and ascribed in s. 943.059,
   28  excluding s. 943.059(4)(a), except that the criminal history
   29  record of a person whose record is sealed pursuant to this
   30  section shall be made available only to criminal justice
   31  agencies for the purpose of determining eligibility for
   32  prearrest, postarrest, or teen court diversion programs; when
   33  the record is sought as part of a criminal investigation; or
   34  when the subject of the record is a candidate for employment
   35  with a criminal justice agency. For all other purposes, a person
   36  whose record is sealed under this section may lawfully deny or
   37  fail to acknowledge the arrest and the charge covered by the
   38  sealed record.
   39         (3) Sealing granted under this section does not prevent the
   40  juvenile who receives such relief from petitioning for the
   41  expunction or sealing of a later criminal history record as
   42  provided in ss. 943.0585 and 943.059 if the juvenile is
   43  otherwise eligible under those sections.
   44         Section 2. This act shall take effect July 1, 2011.