Florida Senate - 2012                                     SB 940
       By Senator Wise
       5-00767-12                                             2012940__
    1                        A bill to be entitled                      
    2         An act relating to juvenile expunction; amending s.
    3         943.0582, F.S.; allowing minors who have certain
    4         felony arrests to have the Department of Corrections
    5         expunge their nonjudicial arrest record upon
    6         successful completion of a prearrest or postarrest
    7         diversion program; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraphs (c), (e), and (f) of subsection (3)
   12  of section 943.0582, Florida Statutes, are amended to read:
   13         943.0582 Prearrest, postarrest, or teen court diversion
   14  program expunction.—
   15         (3) The department shall expunge the nonjudicial arrest
   16  record of a minor who has successfully completed a prearrest or
   17  postarrest diversion program if that minor:
   18         (c) Submits to the department, with the application, an
   19  official written statement from the state attorney for the
   20  county in which the arrest occurred certifying that he or she
   21  has successfully completed that county’s prearrest or postarrest
   22  diversion program and that participation in the program is
   23  strictly limited to minors arrested for a nonviolent
   24  misdemeanor, or for a felony that does not relate to a violation
   25  of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,
   26  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
   27  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
   28  s. 916.1075, a violation enumerated in s. 907.041, or any
   29  violation specified as a predicate offense for registration as a
   30  sexual predator pursuant to s. 775.21, without regard to whether
   31  that offense alone is sufficient to require such registration,
   32  or for registration as a sexual offender pursuant to s.
   33  943.0435, who have not otherwise been charged with or found to
   34  have committed any criminal offense or comparable ordinance
   35  violation.
   36         (e) Participated in a prearrest or postarrest diversion
   37  program based on an arrest for a nonviolent misdemeanor that
   38  would not qualify as an act of domestic violence as that term is
   39  defined in s. 741.28.
   40         (e)(f) Has never, prior to filing the application for
   41  expunction, been charged with or been found to have committed
   42  any criminal offense or comparable ordinance violation.
   43         Section 2. This act shall take effect July 1, 2012.