Florida Senate - 2020 CS for SB 684
By the Committee on Criminal Justice; and Senators Pizzo,
Taddeo, Book, Perry, and Bracy
591-02027-20 2020684c1
1 A bill to be entitled
2 An act relating to expunction of criminal history
3 records; reenacting and amending s. 943.0585, F.S.;
4 expanding an exception to an eligibility requirement
5 for expunction of a criminal history record to allow a
6 prior expunction of a criminal history record granted
7 for offenses committed when the person was a minor;
8 providing applicability; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (1) of section 943.0585, Florida
13 Statutes, is amended, and paragraph (a) of subsection (2) and
14 subsection (3) of that section are reenacted, to read:
15 943.0585 Court-ordered expunction of criminal history
16 records.—
17 (1) ELIGIBILITY.—A person is eligible to petition a court
18 to expunge a criminal history record if:
19 (a) An indictment, information, or other charging document
20 was not filed or issued in the case giving rise to the criminal
21 history record.
22 (b) An indictment, information, or other charging document
23 was filed or issued in the case giving rise to the criminal
24 history record, was dismissed or nolle prosequi by the state
25 attorney or statewide prosecutor, or was dismissed by a court of
26 competent jurisdiction or a judgment of acquittal was rendered
27 by a judge, or a verdict of not guilty was rendered by a judge
28 or jury.
29 (c) The person is not seeking to expunge a criminal history
30 record that is ineligible for court-ordered expunction under s.
31 943.0584.
32 (d) The person has never, as of the date the application
33 for a certificate of expunction is filed, been adjudicated
34 guilty in this state of a criminal offense or been adjudicated
35 delinquent in this state for committing any felony or any of the
36 following misdemeanors, unless the record of such adjudication
37 of delinquency has been expunged pursuant to s. 943.0515:
38 1. Assault, as defined in s. 784.011;
39 2. Battery, as defined in s. 784.03;
40 3. Assault on a law enforcement officer, a firefighter, or
41 other specified officers, as defined in s. 784.07(2)(a);
42 4. Carrying a concealed weapon, as defined in s. 790.01(1);
43 5. Open carrying of a weapon, as defined in s. 790.053;
44 6. Unlawful possession or discharge of a weapon or firearm
45 at a school-sponsored event or on school property, as defined in
46 s. 790.115;
47 7. Unlawful use of destructive devices or bombs, as defined
48 in s. 790.1615(1);
49 8. Unlawful possession of a firearm, as defined in s.
50 790.22(5);
51 9. Exposure of sexual organs, as defined in s. 800.03;
52 10. Arson, as defined in s. 806.031(1);
53 11. Petit theft, as defined in s. 812.014(3);
54 12. Neglect of a child, as defined in s. 827.03(1)(e); or
55 13. Cruelty to animals, as defined in s. 828.12(1).
56 (e) The person has not been adjudicated guilty of, or
57 adjudicated delinquent for committing, any of the acts stemming
58 from the arrest or alleged criminal activity to which the
59 petition pertains.
60 (f) The person is no longer under court supervision
61 applicable to the disposition of arrest or alleged criminal
62 activity to which the petition to expunge pertains.
63 (g) The person has never secured a prior sealing or
64 expunction of a criminal history record under this section, s.
65 943.059, former s. 893.14, former s. 901.33, or former s.
66 943.058, unless:
67 1. Expunction is sought of a criminal history record
68 previously sealed for 10 years pursuant to paragraph (h) and the
69 record is otherwise eligible for expunction; or
70 2. The prior expunction was granted for a criminal history
71 record for an offense that was committed when he or she was a
72 minor and the record is otherwise eligible for expunction. This
73 subparagraph does not apply if the prior expunction was for an
74 offense in which the minor was charged as an adult. The
75 requirement for the record to have previously been sealed for a
76 minimum of 10 years under paragraph (h) does not apply to this
77 subparagraph.
78 (h) The person has previously obtained a court-ordered
79 sealing the criminal history record under s. 943.059, former s.
80 893.14, former s. 901.33, or former s. 943.058 for a minimum of
81 10 years because adjudication was withheld or because all
82 charges related to the arrest or alleged criminal activity to
83 which the petition to expunge pertains were not dismissed before
84 trial, without regard to whether the outcome of the trial was
85 other than an adjudication of guilt. The requirement for the
86 record to have previously been sealed for a minimum of 10 years
87 does not apply if a plea was not entered or all charges related
88 to the arrest or alleged criminal activity to which the petition
89 to expunge pertains were dismissed before trial or a judgment of
90 acquittal was rendered by a judge or a verdict of not guilty was
91 rendered by a judge or jury.
92 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
93 to expunge a criminal history record, a person seeking to
94 expunge a criminal history record must apply to the department
95 for a certificate of eligibility for expunction. The department
96 shall adopt rules to establish procedures for applying for and
97 issuing a certificate of eligibility for expunction.
98 (a) The department shall issue a certificate of eligibility
99 for expunction to a person who is the subject of a criminal
100 history record if that person:
101 1. Satisfies the eligibility criteria in paragraphs (1)(a)
102 (h) and is not ineligible under s. 943.0584.
103 2. Has submitted to the department a written certified
104 statement from the appropriate state attorney or statewide
105 prosecutor which confirms the criminal history record complies
106 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
107 (c).
108 3. Has submitted to the department a certified copy of the
109 disposition of the charge to which the petition to expunge
110 pertains.
111 4. Remits a $75 processing fee to the department for
112 placement in the Department of Law Enforcement Operating Trust
113 Fund, unless the executive director waives such fee.
114 (3) PETITION.—Each petition to expunge a criminal history
115 record must be accompanied by:
116 (a) A valid certificate of eligibility issued by the
117 department.
118 (b) The petitioner’s sworn statement that he or she:
119 1. Satisfies the eligibility requirements for expunction in
120 subsection (1).
121 2. Is eligible for expunction to the best of his or her
122 knowledge and does not have any other petition to seal or
123 expunge a criminal history record pending before any court.
124
125 A person who knowingly provides false information on such sworn
126 statement commits a felony of the third degree, punishable as
127 provided in s. 775.082, s. 775.083, or s. 775.084.
128 Section 2. This act shall take effect July 1, 2020.