Florida Senate - 2015                                    SB 1164
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-00965-15                                           20151164__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; amending s. 943.0585, F.S.; providing that an
    4         individual who has been adjudicated guilty of driving
    5         under the influence but who otherwise meets the
    6         requirements for expunction of criminal history
    7         records may petition to expunge a criminal history
    8         record for a subsequent offense unless expunction is
    9         specifically prohibited for such violations; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsection (6) of section 943.0585,
   15  Florida Statutes, is redesignated as subsection (7), and a new
   16  subsection (6) is added to that section, to read:
   17         943.0585 Court-ordered expunction of criminal history
   18  records.—The courts of this state have jurisdiction over their
   19  own procedures, including the maintenance, expunction, and
   20  correction of judicial records containing criminal history
   21  information to the extent such procedures are not inconsistent
   22  with the conditions, responsibilities, and duties established by
   23  this section. Any court of competent jurisdiction may order a
   24  criminal justice agency to expunge the criminal history record
   25  of a minor or an adult who complies with the requirements of
   26  this section. The court shall not order a criminal justice
   27  agency to expunge a criminal history record until the person
   28  seeking to expunge a criminal history record has applied for and
   29  received a certificate of eligibility for expunction pursuant to
   30  subsection (2) or subsection (5). A criminal history record that
   31  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   32  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   33  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   34  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   35  s. 907.041, or any violation specified as a predicate offense
   36  for registration as a sexual predator pursuant to s. 775.21,
   37  without regard to whether that offense alone is sufficient to
   38  require such registration, or for registration as a sexual
   39  offender pursuant to s. 943.0435, may not be expunged, without
   40  regard to whether adjudication was withheld, if the defendant
   41  was found guilty of or pled guilty or nolo contendere to the
   42  offense, or if the defendant, as a minor, was found to have
   43  committed, or pled guilty or nolo contendere to committing, the
   44  offense as a delinquent act. The court may only order expunction
   45  of a criminal history record pertaining to one arrest or one
   46  incident of alleged criminal activity, except as provided in
   47  this section. The court may, at its sole discretion, order the
   48  expunction of a criminal history record pertaining to more than
   49  one arrest if the additional arrests directly relate to the
   50  original arrest. If the court intends to order the expunction of
   51  records pertaining to such additional arrests, such intent must
   52  be specified in the order. A criminal justice agency may not
   53  expunge any record pertaining to such additional arrests if the
   54  order to expunge does not articulate the intention of the court
   55  to expunge a record pertaining to more than one arrest. This
   56  section does not prevent the court from ordering the expunction
   57  of only a portion of a criminal history record pertaining to one
   58  arrest or one incident of alleged criminal activity.
   59  Notwithstanding any law to the contrary, a criminal justice
   60  agency may comply with laws, court orders, and official requests
   61  of other jurisdictions relating to expunction, correction, or
   62  confidential handling of criminal history records or information
   63  derived therefrom. This section does not confer any right to the
   64  expunction of any criminal history record, and any request for
   65  expunction of a criminal history record may be denied at the
   66  sole discretion of the court.
   67         (6) EXCEPTION FOR DRIVING UNDER THE INFLUENCE.
   68  Notwithstanding any other law, a person who has been adjudicated
   69  guilty of driving under the influence but otherwise meets the
   70  requirements of this section for expunction of criminal history
   71  records is eligible to petition to expunge a criminal history
   72  record of a subsequent offense pursuant to this section if the
   73  subsequent offense does not violate a law that precludes
   74  expunction.
   75         Section 2. This act shall take effect July 1, 2015.