Florida Senate - 2018 SB 298
By Senator Bracy
11-00294-18 2018298__
1 A bill to be entitled
2 An act relating to expunction of criminal history
3 records; amending s. 943.0585, F.S.; revising the
4 elements that must be attested to by a petitioner in a
5 statement submitted in support of the expunction of a
6 criminal history record; revising the circumstances
7 under which the Department of Law Enforcement must
8 issue a certificate of eligibility for expunction of a
9 criminal history record; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (1) and paragraphs
14 (a) and (d) of subsection (2) of section 943.0585, Florida
15 Statutes, are amended to read:
16 943.0585 Court-ordered expunction of criminal history
17 records.—The courts of this state have jurisdiction over their
18 own procedures, including the maintenance, expunction, and
19 correction of judicial records containing criminal history
20 information to the extent such procedures are not inconsistent
21 with the conditions, responsibilities, and duties established by
22 this section. Any court of competent jurisdiction may order a
23 criminal justice agency to expunge the criminal history record
24 of a minor or an adult who complies with the requirements of
25 this section. The court shall not order a criminal justice
26 agency to expunge a criminal history record until the person
27 seeking to expunge a criminal history record has applied for and
28 received a certificate of eligibility for expunction pursuant to
29 subsection (2) or subsection (5). A criminal history record that
30 relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
31 chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
32 s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
33 s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
34 s. 907.041, or any violation specified as a predicate offense
35 for registration as a sexual predator pursuant to s. 775.21,
36 without regard to whether that offense alone is sufficient to
37 require such registration, or for registration as a sexual
38 offender pursuant to s. 943.0435, may not be expunged, without
39 regard to whether adjudication was withheld, if the defendant
40 was found guilty of or pled guilty or nolo contendere to the
41 offense, or if the defendant, as a minor, was found to have
42 committed, or pled guilty or nolo contendere to committing, the
43 offense as a delinquent act. The court may only order expunction
44 of a criminal history record pertaining to one arrest or one
45 incident of alleged criminal activity, except as provided in
46 this section. The court may, at its sole discretion, order the
47 expunction of a criminal history record pertaining to more than
48 one arrest if the additional arrests directly relate to the
49 original arrest. If the court intends to order the expunction of
50 records pertaining to such additional arrests, such intent must
51 be specified in the order. A criminal justice agency may not
52 expunge any record pertaining to such additional arrests if the
53 order to expunge does not articulate the intention of the court
54 to expunge a record pertaining to more than one arrest. This
55 section does not prevent the court from ordering the expunction
56 of only a portion of a criminal history record pertaining to one
57 arrest or one incident of alleged criminal activity.
58 Notwithstanding any law to the contrary, a criminal justice
59 agency may comply with laws, court orders, and official requests
60 of other jurisdictions relating to expunction, correction, or
61 confidential handling of criminal history records or information
62 derived therefrom. This section does not confer any right to the
63 expunction of any criminal history record, and any request for
64 expunction of a criminal history record may be denied at the
65 sole discretion of the court.
66 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
67 petition to a court to expunge a criminal history record is
68 complete only when accompanied by:
69 (b) The petitioner’s sworn statement attesting that the
70 petitioner:
71 1. Has never, before prior to the date on which the
72 petition is filed, been adjudicated guilty of a felony criminal
73 offense or comparable ordinance violation, or been adjudicated
74 delinquent for committing any felony or a misdemeanor specified
75 in s. 943.051(3)(b).
76 2. Has not been adjudicated guilty of a misdemeanor offense
77 or been adjudicated delinquent for committing a misdemeanor
78 offense specified in s. 943.051(3)(b) in the previous 10 years.
79 3.2. Has not been adjudicated guilty of, or adjudicated
80 delinquent for committing, any of the acts stemming from the
81 arrest or alleged criminal activity to which the petition
82 pertains.
83 4.3. Has never secured a prior sealing or expunction of a
84 criminal history record under this section, s. 943.059, former
85 s. 893.14, former s. 901.33, or former s. 943.058, unless
86 expunction is sought of a criminal history record previously
87 sealed for 10 years pursuant to paragraph (2)(h) and the record
88 is otherwise eligible for expunction.
89 5.4. Is eligible for such an expunction to the best of his
90 or her knowledge or belief and does not have any other petition
91 to expunge or any petition to seal pending before any court.
92
93 Any person who knowingly provides false information on such
94 sworn statement to the court commits a felony of the third
95 degree, punishable as provided in s. 775.082, s. 775.083, or s.
96 775.084.
97 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
98 petitioning the court to expunge a criminal history record, a
99 person seeking to expunge a criminal history record shall apply
100 to the department for a certificate of eligibility for
101 expunction. The department shall, by rule adopted pursuant to
102 chapter 120, establish procedures pertaining to the application
103 for and issuance of certificates of eligibility for expunction.
104 A certificate of eligibility for expunction is valid for 12
105 months after the date stamped on the certificate when issued by
106 the department. After that time, the petitioner must reapply to
107 the department for a new certificate of eligibility. Eligibility
108 for a renewed certification of eligibility must be based on the
109 status of the applicant and the law in effect at the time of the
110 renewal application. The department shall issue a certificate of
111 eligibility for expunction to a person who is the subject of a
112 criminal history record if that person:
113 (a) Has obtained, and submitted to the department, a
114 written, certified statement from the appropriate state attorney
115 or statewide prosecutor which indicates:
116 1. That an indictment, information, or other charging
117 document was not filed or issued in the case.
118 2. That an indictment, information, or other charging
119 document, if filed or issued in the case, was dismissed or nolle
120 prosequi by the state attorney or statewide prosecutor, or was
121 dismissed by a court of competent jurisdiction, that a judgment
122 of acquittal was rendered by a judge, or that a verdict of not
123 guilty was rendered by a judge or jury and that none of the
124 charges related to the arrest or alleged criminal activity to
125 which the petition to expunge pertains resulted in a trial,
126 without regard to whether the outcome of the trial was other
127 than an adjudication of guilt.
128 3. That the criminal history record does not relate to a
129 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
130 former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
131 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
132 s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
133 or any violation specified as a predicate offense for
134 registration as a sexual predator pursuant to s. 775.21, without
135 regard to whether that offense alone is sufficient to require
136 such registration, or for registration as a sexual offender
137 pursuant to s. 943.0435, where the defendant was found guilty
138 of, or pled guilty or nolo contendere to any such offense, or
139 that the defendant, as a minor, was found to have committed, or
140 pled guilty or nolo contendere to committing, such an offense as
141 a delinquent act, without regard to whether adjudication was
142 withheld.
143 (d)1. Has never, before prior to the date on which the
144 application for a certificate of eligibility is filed, been
145 adjudicated guilty of a felony criminal offense or comparable
146 ordinance violation, or been adjudicated delinquent for
147 committing any felony or a misdemeanor specified in s.
148 943.051(3)(b).
149 2. Has not been adjudicated guilty of a misdemeanor offense
150 or been adjudicated delinquent for committing a misdemeanor
151 offense specified in s. 943.051(3)(b) in the previous 10 years.
152 Section 2. This act shall take effect July 1, 2018.