Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1142
       
       
       
       
       
       
                                Ì280316ÇÎ280316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/14/2018           .                                
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       The Committee on Judiciary (Steube) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (h) of subsection (2) of
    6  section 943.0585, Florida Statutes, are amended, and paragraph
    7  (b) of subsection (1) and paragraph (f) of subsection (2) of
    8  that section are republished, 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, prior to the date on which the petition is
   65  filed, been adjudicated guilty of a criminal offense or
   66  comparable ordinance violation, or been adjudicated delinquent
   67  for committing any felony or a misdemeanor specified in s.
   68  943.051(3)(b).
   69         2. Has not been adjudicated guilty of, or adjudicated
   70  delinquent for committing, any of the acts stemming from the
   71  arrest or alleged criminal activity to which the petition
   72  pertains.
   73         3. Has never secured a prior sealing or expunction of a
   74  criminal history record under this section, s. 943.059, former
   75  s. 893.14, former s. 901.33, or former s. 943.058, unless
   76  expunction is sought of a criminal history record previously
   77  sealed for 10 years pursuant to paragraph (2)(h) and the record
   78  is otherwise eligible for expunction.
   79         4. Is eligible for such an expunction to the best of his or
   80  her knowledge or belief and does not have any other petition to
   81  expunge or any petition to seal pending before any court.
   82  
   83  Any person who knowingly provides false information on such
   84  sworn statement to the court commits a felony of the third
   85  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   86  775.084.
   87         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   88  petitioning the court to expunge a criminal history record, a
   89  person seeking to expunge a criminal history record shall apply
   90  to the department for a certificate of eligibility for
   91  expunction. The department shall, by rule adopted pursuant to
   92  chapter 120, establish procedures pertaining to the application
   93  for and issuance of certificates of eligibility for expunction.
   94  A certificate of eligibility for expunction is valid for 12
   95  months after the date stamped on the certificate when issued by
   96  the department. After that time, the petitioner must reapply to
   97  the department for a new certificate of eligibility. Eligibility
   98  for a renewed certification of eligibility must be based on the
   99  status of the applicant and the law in effect at the time of the
  100  renewal application. The department shall issue a certificate of
  101  eligibility for expunction to a person who is the subject of a
  102  criminal history record if that person:
  103         (a) Has obtained, and submitted to the department, a
  104  written, certified statement from the appropriate state attorney
  105  or statewide prosecutor which indicates:
  106         1. That an indictment, information, or other charging
  107  document was not filed or issued in the case.
  108         2. That an indictment, information, or other charging
  109  document, if filed or issued in the case, was dismissed or nolle
  110  prosequi by the state attorney or statewide prosecutor, or was
  111  dismissed by a court of competent jurisdiction, that a judgment
  112  of acquittal was rendered by a judge, or that a verdict of not
  113  guilty was rendered by a judge or jury and that none of the
  114  charges related to the arrest or alleged criminal activity to
  115  which the petition to expunge pertains resulted in a trial,
  116  without regard to whether the outcome of the trial was other
  117  than an adjudication of guilt.
  118         3. That the criminal history record does not relate to a
  119  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  120  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  121  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  122  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  123  or any violation specified as a predicate offense for
  124  registration as a sexual predator pursuant to s. 775.21, without
  125  regard to whether that offense alone is sufficient to require
  126  such registration, or for registration as a sexual offender
  127  pursuant to s. 943.0435, where the defendant was found guilty
  128  of, or pled guilty or nolo contendere to any such offense, or
  129  that the defendant, as a minor, was found to have committed, or
  130  pled guilty or nolo contendere to committing, such an offense as
  131  a delinquent act, without regard to whether adjudication was
  132  withheld.
  133         (f) Has never secured a prior sealing or expunction of a
  134  criminal history record under this section, s. 943.059, former
  135  s. 893.14, former s. 901.33, or former s. 943.058, unless
  136  expunction is sought of a criminal history record previously
  137  sealed for 10 years pursuant to paragraph (h) and the record is
  138  otherwise eligible for expunction.
  139         (h) Has previously obtained a court order sealing the
  140  record under this section, former s. 893.14, former s. 901.33,
  141  or former s. 943.058 for a minimum of 10 years because
  142  adjudication was withheld or because all charges related to the
  143  arrest or alleged criminal activity to which the petition to
  144  expunge pertains were not dismissed before prior to trial,
  145  without regard to whether the outcome of the trial was other
  146  than an adjudication of guilt. The requirement for the record to
  147  have previously been sealed for a minimum of 10 years does not
  148  apply when a plea was not entered or all charges related to the
  149  arrest or alleged criminal activity to which the petition to
  150  expunge pertains were dismissed before prior to trial, when a
  151  judgment of acquittal was rendered by a judge, or when a verdict
  152  of not guilty was rendered by a judge or jury.
  153         Section 2. Present paragraphs (c) through (f) of subsection
  154  (2) of section 943.059, Florida Statutes, are redesignated as
  155  paragraphs (d) through (g), respectively, a new paragraph (c) is
  156  added to that subsection, and paragraph (a) of subsection (1) of
  157  that section is republished, to read:
  158         943.059 Court-ordered sealing of criminal history records.
  159  The courts of this state shall continue to have jurisdiction
  160  over their own procedures, including the maintenance, sealing,
  161  and correction of judicial records containing criminal history
  162  information to the extent such procedures are not inconsistent
  163  with the conditions, responsibilities, and duties established by
  164  this section. Any court of competent jurisdiction may order a
  165  criminal justice agency to seal the criminal history record of a
  166  minor or an adult who complies with the requirements of this
  167  section. The court shall not order a criminal justice agency to
  168  seal a criminal history record until the person seeking to seal
  169  a criminal history record has applied for and received a
  170  certificate of eligibility for sealing pursuant to subsection
  171  (2). A criminal history record that relates to a violation of s.
  172  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  173  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  174  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  175  s. 916.1075, a violation enumerated in s. 907.041, or any
  176  violation specified as a predicate offense for registration as a
  177  sexual predator pursuant to s. 775.21, without regard to whether
  178  that offense alone is sufficient to require such registration,
  179  or for registration as a sexual offender pursuant to s.
  180  943.0435, may not be sealed, without regard to whether
  181  adjudication was withheld, if the defendant was found guilty of
  182  or pled guilty or nolo contendere to the offense, or if the
  183  defendant, as a minor, was found to have committed or pled
  184  guilty or nolo contendere to committing the offense as a
  185  delinquent act. The court may only order sealing of a criminal
  186  history record pertaining to one arrest or one incident of
  187  alleged criminal activity, except as provided in this section.
  188  The court may, at its sole discretion, order the sealing of a
  189  criminal history record pertaining to more than one arrest if
  190  the additional arrests directly relate to the original arrest.
  191  If the court intends to order the sealing of records pertaining
  192  to such additional arrests, such intent must be specified in the
  193  order. A criminal justice agency may not seal any record
  194  pertaining to such additional arrests if the order to seal does
  195  not articulate the intention of the court to seal records
  196  pertaining to more than one arrest. This section does not
  197  prevent the court from ordering the sealing of only a portion of
  198  a criminal history record pertaining to one arrest or one
  199  incident of alleged criminal activity. Notwithstanding any law
  200  to the contrary, a criminal justice agency may comply with laws,
  201  court orders, and official requests of other jurisdictions
  202  relating to sealing, correction, or confidential handling of
  203  criminal history records or information derived therefrom. This
  204  section does not confer any right to the sealing of any criminal
  205  history record, and any request for sealing a criminal history
  206  record may be denied at the sole discretion of the court.
  207         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  208  petition to a court to seal a criminal history record is
  209  complete only when accompanied by:
  210         (a) A valid certificate of eligibility for sealing issued
  211  by the department pursuant to subsection (2).
  212         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  213  petitioning the court to seal a criminal history record, a
  214  person seeking to seal a criminal history record shall apply to
  215  the department for a certificate of eligibility for sealing. The
  216  department shall, by rule adopted pursuant to chapter 120,
  217  establish procedures pertaining to the application for and
  218  issuance of certificates of eligibility for sealing. A
  219  certificate of eligibility for sealing is valid for 12 months
  220  after the date stamped on the certificate when issued by the
  221  department. After that time, the petitioner must reapply to the
  222  department for a new certificate of eligibility. Eligibility for
  223  a renewed certification of eligibility must be based on the
  224  status of the applicant and the law in effect at the time of the
  225  renewal application. The department shall issue a certificate of
  226  eligibility for sealing to a person who is the subject of a
  227  criminal history record provided that such person:
  228         (c) Is not seeking to seal a criminal history record that
  229  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  230  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  231  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  232  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  233  s. 907.041, or any violation specified as a predicate offense
  234  for registration as a sexual predator pursuant to s. 775.21,
  235  without regard to whether that offense alone is sufficient to
  236  require such registration, or for registration as a sexual
  237  offender pursuant to s. 943.0435, where the defendant was found
  238  guilty of, or pled guilty or nolo contendere to any such
  239  offense, or which the defendant, as a minor, was found to have
  240  committed, or pled guilty or nolo contendere to committing, such
  241  an offense as a delinquent act, without regard to whether
  242  adjudication was withheld.
  243         Section 3. This act shall take effect July 1, 2018.
  244  
  245  ================= T I T L E  A M E N D M E N T ================
  246  And the title is amended as follows:
  247         Delete everything before the enacting clause
  248  and insert:
  249                        A bill to be entitled                      
  250         An act relating to the expunction and sealing of
  251         criminal history records; amending s. 943.0585, F.S.;
  252         revising the eligibility requirements for expunction
  253         of criminal history records to include instances in
  254         which a judgment of acquittal or a verdict of not
  255         guilty was rendered; amending s. 943.059, F.S.;
  256         clarifying the circumstances under which the
  257         Department of Law Enforcement must issue a certificate
  258         of eligibility for the sealing of a criminal history
  259         record; providing an effective date.