Florida Senate - 2023 SB 504 By Senator Rodriguez 40-01281A-23 2023504__ 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 revising an eligibility criterion under which a person 5 is eligible to petition a court to expunge a criminal 6 history record if an indictment, information, or other 7 charging document was dismissed by a court; expanding 8 an exception to an eligibility requirement for 9 expunction of a criminal history record to allow a 10 prior expunction of a criminal history record granted 11 for an offense committed when the person was a minor; 12 providing applicability; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraphs (b) and (g) of subsection (1) of 17 section 943.0585, Florida Statutes, are amended, and paragraph 18 (a) of subsection (2) and subsection (3) of that section are 19 reenacted, to read: 20 943.0585 Court-ordered expunction of criminal history 21 records.— 22 (1) ELIGIBILITY.—A person is eligible to petition a court 23 to expunge a criminal history record if: 24 (b) An indictment, information, or other charging document 25 was filed or issued in the case giving rise to the criminal 26 history record, was dismissed or nolle prosequi by the state 27 attorney or statewide prosecutor, orwas dismissed by a court of28competent jurisdiction ora judgment of acquittal was rendered 29 by a judge, or a verdict of not guilty was rendered by a judge 30 or jury. 31 (g) The person has never secured a prior sealing or 32 expunction of a criminal history record under this section, s. 33 943.059, former s. 893.14, former s. 901.33, or former s. 34 943.058, unless: 35 1. Expunction is sought of a criminal history record 36 previously sealed for 10 years pursuant to paragraph (h) and the 37 record is otherwise eligible for expunction; or 38 2. The prior expunction was granted for a criminal history 39 record for an offense that was committed when he or she was a 40 minor and the record is otherwise eligible for expunction. This 41 subparagraph does not apply if the prior expunction was for an 42 offense in which the minor was charged as an adult. The 43 requirement for the record to have previously been sealed for a 44 minimum of 10 years under paragraph (h) does not apply to this 45 subparagraph. 46 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 47 to expunge a criminal history record, a person seeking to 48 expunge a criminal history record must apply to the department 49 for a certificate of eligibility for expunction. The department 50 shall adopt rules to establish procedures for applying for and 51 issuing a certificate of eligibility for expunction. 52 (a) The department shall issue a certificate of eligibility 53 for expunction to a person who is the subject of a criminal 54 history record if that person: 55 1. Satisfies the eligibility criteria in paragraphs (1)(a) 56 (h) and is not ineligible under s. 943.0584. 57 2. Has submitted to the department a written certified 58 statement from the appropriate state attorney or statewide 59 prosecutor which confirms the criminal history record complies 60 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 61 (c). 62 3. Has submitted to the department a certified copy of the 63 disposition of the charge to which the petition to expunge 64 pertains. 65 4. Remits a $75 processing fee to the department for 66 placement in the Department of Law Enforcement Operating Trust 67 Fund, unless the executive director waives such fee. 68 (3) PETITION.—Each petition to expunge a criminal history 69 record must be accompanied by: 70 (a) A valid certificate of eligibility issued by the 71 department. 72 (b) The petitioner’s sworn statement that he or she: 73 1. Satisfies the eligibility requirements for expunction in 74 subsection (1). 75 2. Is eligible for expunction to the best of his or her 76 knowledge and does not have any other petition to seal or 77 expunge a criminal history record pending before any court. 78 79 A person who knowingly provides false information on such sworn 80 statement commits a felony of the third degree, punishable as 81 provided in s. 775.082, s. 775.083, or s. 775.084. 82 Section 2. This act shall take effect July 1, 2023.