Florida Senate - 2014 SB 164 By Senator Joyner 19-00019-14 2014164__ 1 A bill to be entitled 2 An act relating to court-ordered expunction of 3 criminal history records; amending s. 943.0585, F.S.; 4 requiring the Department of Law Enforcement to 5 disclose the contents of an expunged criminal history 6 record to the subject of the record or the Parole 7 Commission under certain circumstances; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (d) is added to subsection (4) of 13 section 943.0585, Florida Statutes, to read: 14 943.0585 Court-ordered expunction of criminal history 15 records.—The courts of this state have jurisdiction over their 16 own procedures, including the maintenance, expunction, and 17 correction of judicial records containing criminal history 18 information to the extent such procedures are not inconsistent 19 with the conditions, responsibilities, and duties established by 20 this section. Any court of competent jurisdiction may order a 21 criminal justice agency to expunge the criminal history record 22 of a minor or an adult who complies with the requirements of 23 this section. The court shall not order a criminal justice 24 agency to expunge a criminal history record until the person 25 seeking to expunge a criminal history record has applied for and 26 received a certificate of eligibility for expunction pursuant to 27 subsection (2). A criminal history record that relates to a 28 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 29 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 30 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 31 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 32 any violation specified as a predicate offense for registration 33 as a sexual predator pursuant to s. 775.21, without regard to 34 whether that offense alone is sufficient to require such 35 registration, or for registration as a sexual offender pursuant 36 to s. 943.0435, may not be expunged, without regard to whether 37 adjudication was withheld, if the defendant was found guilty of 38 or pled guilty or nolo contendere to the offense, or if the 39 defendant, as a minor, was found to have committed, or pled 40 guilty or nolo contendere to committing, the offense as a 41 delinquent act. The court may only order expunction of a 42 criminal history record pertaining to one arrest or one incident 43 of alleged criminal activity, except as provided in this 44 section. The court may, at its sole discretion, order the 45 expunction of a criminal history record pertaining to more than 46 one arrest if the additional arrests directly relate to the 47 original arrest. If the court intends to order the expunction of 48 records pertaining to such additional arrests, such intent must 49 be specified in the order. A criminal justice agency may not 50 expunge any record pertaining to such additional arrests if the 51 order to expunge does not articulate the intention of the court 52 to expunge a record pertaining to more than one arrest. This 53 section does not prevent the court from ordering the expunction 54 of only a portion of a criminal history record pertaining to one 55 arrest or one incident of alleged criminal activity. 56 Notwithstanding any law to the contrary, a criminal justice 57 agency may comply with laws, court orders, and official requests 58 of other jurisdictions relating to expunction, correction, or 59 confidential handling of criminal history records or information 60 derived therefrom. This section does not confer any right to the 61 expunction of any criminal history record, and any request for 62 expunction of a criminal history record may be denied at the 63 sole discretion of the court. 64 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 65 criminal history record of a minor or an adult which is ordered 66 expunged by a court of competent jurisdiction pursuant to this 67 section must be physically destroyed or obliterated by any 68 criminal justice agency having custody of such record; except 69 that any criminal history record in the custody of the 70 department must be retained in all cases. A criminal history 71 record ordered expunged that is retained by the department is 72 confidential and exempt from the provisions of s. 119.07(1) and 73 s. 24(a), Art. I of the State Constitution and not available to 74 any person or entity except upon order of a court of competent 75 jurisdiction. A criminal justice agency may retain a notation 76 indicating compliance with an order to expunge. 77 (d) Upon receipt of a written, notarized request from the 78 subject of the record, the department shall disclose the 79 contents of an expunged criminal history record to the subject 80 of the record or the Parole Commission. 81 Section 2. This act shall take effect July 1, 2014.