| 1 | A bill to be entitled |
| 2 | An act relating to administrative expunction of arrest |
| 3 | records; amending s. 943.0581, F.S.; deleting language |
| 4 | pertaining to discretion of a law enforcement agency as to |
| 5 | whether to apply to the Department of Law Enforcement for |
| 6 | the administrative expunction of any nonjudicial record of |
| 7 | any arrest of a minor or an adult who is subsequently |
| 8 | determined to have been arrested contrary to law or by |
| 9 | mistake; providing for application for such expunction by |
| 10 | the arrestee, or parent or legal guardian of a minor child |
| 11 | arrestee, in the absence of such a determination by the |
| 12 | law enforcement agency without the endorsement of the |
| 13 | request by the agency; requiring submission of specified |
| 14 | documentation with such a request for administrative |
| 15 | expunction; limiting the requirements that requests be |
| 16 | submitted on agency letterhead and contain certain |
| 17 | signatures to those requests made by law enforcement |
| 18 | agencies; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsections (2), (3), and (4) of section |
| 23 | 943.0581, Florida Statutes, are amended to read: |
| 24 | 943.0581 Administrative expunction.- |
| 25 | (2) A law enforcement agency shall apply to the department |
| 26 | in the manner prescribed by rule for the administrative |
| 27 | expunction of any nonjudicial record of any arrest of a minor or |
| 28 | an adult who is subsequently determined by the agency, at its |
| 29 | discretion, or by the final order of a court of competent |
| 30 | jurisdiction, to have been arrested contrary to law or by |
| 31 | mistake. |
| 32 | (3) An adult or, in the case of a minor child, the parent |
| 33 | or legal guardian of the minor child, may apply to the |
| 34 | department in the manner prescribed by rule for the |
| 35 | administrative expunction of any nonjudicial record of an arrest |
| 36 | alleged to have been made contrary to law or by mistake, |
| 37 | provided that the application is supported by documentation from |
| 38 | the department stating that the arrest was contrary to law or by |
| 39 | mistake the endorsement of the head of the arresting agency or |
| 40 | his or her designee or the state attorney of the judicial |
| 41 | circuit in which the arrest occurred or his or her designee. |
| 42 | (4) An application for administrative expunction shall |
| 43 | include the date and time of the arrest, the name of the person |
| 44 | arrested, the offender-based tracking system (OBTS) number, and |
| 45 | the crime or crimes charged. An The application under subsection |
| 46 | (2) must shall be on the submitting agency's letterhead and |
| 47 | shall be signed by the head of the submitting agency or his or |
| 48 | her designee. |
| 49 | Section 2. This act shall take effect July 1, 2011. |