Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 118
Ì371480!Î371480
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/06/2017 .
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The Committee on Criminal Justice (Brandes) recommended the
following:
1 Senate Amendment to Substitute Amendment (756200) (with
2 title amendment)
3
4 Delete lines 36 - 134
5 and insert:
6 Section 2. Paragraph (b) of subsection (1) and paragraphs
7 (a) and (d) of subsection (2) of section 943.0585, Florida
8 Statutes, is amended to read:
9 943.0585 Court-ordered expunction of criminal history
10 records.—The courts of this state have jurisdiction over their
11 own procedures, including the maintenance, expunction, and
12 correction of judicial records containing criminal history
13 information to the extent such procedures are not inconsistent
14 with the conditions, responsibilities, and duties established by
15 this section. Any court of competent jurisdiction may order a
16 criminal justice agency to expunge the criminal history record
17 of a minor or an adult who complies with the requirements of
18 this section. The court shall not order a criminal justice
19 agency to expunge a criminal history record until the person
20 seeking to expunge a criminal history record has applied for and
21 received a certificate of eligibility for expunction pursuant to
22 subsection (2) or subsection (5). A criminal history record that
23 relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
24 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
25 s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
26 s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
27 s. 907.041, or any violation specified as a predicate offense
28 for registration as a sexual predator pursuant to s. 775.21,
29 without regard to whether that offense alone is sufficient to
30 require such registration, or for registration as a sexual
31 offender pursuant to s. 943.0435, may not be expunged, without
32 regard to whether adjudication was withheld, if the defendant
33 was found guilty of or pled guilty or nolo contendere to the
34 offense, or if the defendant, as a minor, was found to have
35 committed, or pled guilty or nolo contendere to committing, the
36 offense as a delinquent act. The court may only order expunction
37 of a criminal history record pertaining to one arrest or one
38 incident of alleged criminal activity, except as provided in
39 this section. The court may, at its sole discretion, order the
40 expunction of a criminal history record pertaining to more than
41 one arrest if the additional arrests directly relate to the
42 original arrest. If the court intends to order the expunction of
43 records pertaining to such additional arrests, such intent must
44 be specified in the order. A criminal justice agency may not
45 expunge any record pertaining to such additional arrests if the
46 order to expunge does not articulate the intention of the court
47 to expunge a record pertaining to more than one arrest. This
48 section does not prevent the court from ordering the expunction
49 of only a portion of a criminal history record pertaining to one
50 arrest or one incident of alleged criminal activity.
51 Notwithstanding any law to the contrary, a criminal justice
52 agency may comply with laws, court orders, and official requests
53 of other jurisdictions relating to expunction, correction, or
54 confidential handling of criminal history records or information
55 derived therefrom. This section does not confer any right to the
56 expunction of any criminal history record, and any request for
57 expunction of a criminal history record may be denied at the
58 sole discretion of the court.
59 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
60 petition to a court to expunge a criminal history record is
61 complete only when accompanied by:
62 (b) The petitioner’s sworn statement attesting that the
63 petitioner:
64 1. Has never, before prior to the date on which the
65 petition is filed, been adjudicated guilty of a felony criminal
66 offense or comparable ordinance violation, or been adjudicated
67 delinquent for committing any felony or a misdemeanor specified
68 in s. 943.051(3)(b).
69 2. Has not been adjudicated guilty of a misdemeanor offense
70 or been adjudicated delinquent for committing a misdemeanor
71 specified in s. 943.051(3)(b) in the previous 10 years.
72 3.2. Has not been adjudicated guilty of, or adjudicated
73 delinquent for committing, any of the acts stemming from the
74 arrest or alleged criminal activity to which the petition
75 pertains.
76 4.3. Has never secured a prior sealing or expunction of a
77 criminal history record under this section, s. 943.059, former
78 s. 893.14, former s. 901.33, or former s. 943.058, unless
79 expunction is sought of a criminal history record previously
80 sealed for 10 years pursuant to paragraph (2)(h) and the record
81 is otherwise eligible for expunction.
82 5.4. Is eligible for such an expunction to the best of his
83 or her knowledge or belief and does not have any other petition
84 to expunge or any petition to seal pending before any court.
85
86 Any person who knowingly provides false information on such
87 sworn statement to the court commits a felony of the third
88 degree, punishable as provided in s. 775.082, s. 775.083, or s.
89 775.084.
90 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
91 petitioning the court to expunge a criminal history record, a
92 person seeking to expunge a criminal history record shall apply
93 to the department for a certificate of eligibility for
94 expunction. The department shall, by rule adopted pursuant to
95 chapter 120, establish procedures pertaining to the application
96 for and issuance of certificates of eligibility for expunction.
97 A certificate of eligibility for expunction is valid for 12
98 months after the date stamped on the certificate when issued by
99 the department. After that time, the petitioner must reapply to
100 the department for a new certificate of eligibility. Eligibility
101 for a renewed certification of eligibility must be based on the
102 status of the applicant and the law in effect at the time of the
103 renewal application. The department shall issue a certificate of
104 eligibility for expunction to a person who is the subject of a
105 criminal history record if that person:
106 (a) Has obtained, and submitted to the department, a
107 written, certified statement from the appropriate state attorney
108 or statewide prosecutor which indicates:
109 1. That an indictment, information, or other charging
110 document was not filed or issued in the case.
111 2. That an indictment, information, or other charging
112 document, if filed or issued in the case, was dismissed or nolle
113 prosequi by the state attorney or statewide prosecutor, or was
114 dismissed by a court of competent jurisdiction, that a judgment
115 of acquittal was rendered by a judge, or that a verdict of not
116 guilty was rendered by a judge or jury and that none of the
117 charges related to the arrest or alleged criminal activity to
118 which the petition to expunge pertains resulted in a trial,
119 without regard to whether the outcome of the trial was other
120 than an adjudication of guilt.
121 3. That the criminal history record does not relate to a
122 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
123 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
124 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
125 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
126 or any violation specified as a predicate offense for
127 registration as a sexual predator pursuant to s. 775.21, without
128 regard to whether that offense alone is sufficient to require
129 such registration, or for registration as a sexual offender
130 pursuant to s. 943.0435, where the defendant was found guilty
131 of, or pled guilty or nolo contendere to any such offense, or
132 that the defendant, as a minor, was found to have committed, or
133 pled guilty or nolo contendere to committing, such an offense as
134 a delinquent act, without regard to whether adjudication was
135 withheld.
136 (d)1. Has never, before prior to the date on which the
137 application for a certificate of eligibility is filed, been
138 adjudicated guilty of a felony criminal offense or comparable
139 ordinance violation, or been adjudicated delinquent for
140 committing any felony or a misdemeanor specified in s.
141 943.051(3)(b).
142 2. Has not been adjudicated guilty of a misdemeanor offense
143 or been adjudicated delinquent for committing a misdemeanor
144 specified in s. 943.051(3)(b) in the previous 10 years.
145
146 ================= T I T L E A M E N D M E N T ================
147 And the title is amended as follows:
148 Delete line 155
149 and insert:
150 adjudications of guilt or delinquency for specified
151 misdemeanor offenses committed before a certain time
152 and instances in which a judgment of acquittal or a