HB 497

A bill to be entitled
2An act relating to juvenile expunction; amending s.
3943.0582, F.S.; allowing minors who have certain
4felony arrests to have the Department of Corrections
5expunge their nonjudicial arrest record upon
6successful completion of a prearrest or postarrest
7diversion program; providing an effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Paragraphs (c), (e), and (f) of subsection (3)
12of section 943.0582, Florida Statutes, are amended to read:
13     943.0582  Prearrest, postarrest, or teen court diversion
14program expunction.-
15     (3)  The department shall expunge the nonjudicial arrest
16record of a minor who has successfully completed a prearrest or
17postarrest diversion program if that minor:
18     (c)  Submits to the department, with the application, an
19official written statement from the state attorney for the
20county in which the arrest occurred certifying that he or she
21has successfully completed that county's prearrest or postarrest
22diversion program and that participation in the program is
23strictly limited to minors arrested for a nonviolent
24misdemeanor, or for a felony that does not relate to a violation
25of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,
26s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
27chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
28s. 916.1075, a violation enumerated in s. 907.041, or any
29violation specified as a predicate offense for registration as a
30sexual predator pursuant to s. 775.21, without regard to whether
31that offense alone is sufficient to require such registration,
32or for registration as a sexual offender pursuant to s.
33943.0435, who have not otherwise been charged with or found to
34have committed any criminal offense or comparable ordinance
36     (e)  Participated in a prearrest or postarrest diversion
37program based on an arrest for a nonviolent misdemeanor that
38would not qualify as an act of domestic violence as that term is
39defined in s. 741.28.
40     (e)(f)  Has never, prior to filing the application for
41expunction, been charged with or been found to have committed
42any criminal offense or comparable ordinance violation.
43     Section 2.  This act shall take effect July 1, 2012.

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