The Florida Senate

943.0582  Prearrest, postarrest, or teen court diversion program expunction.--

(1)  Notwithstanding any law dealing generally with the preservation and destruction of public records, the department may provide, by rule adopted pursuant to chapter 120, for the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program for minors as authorized by s. 985.3065

(2)(a)  As used in this section, the term "expunction" has the same meaning ascribed in and effect as s. 943.0585, except that:

1.  The provisions of s. 943.0585(4)(a) do not apply, except that the criminal history record of a person whose record is expunged pursuant to this section shall be made available only to criminal justice agencies for the purpose of determining eligibility for prearrest, postarrest, or teen court diversion programs; when the record is sought as part of a criminal investigation; or when the subject of the record is a candidate for employment with a criminal justice agency. For all other purposes, a person whose record is expunged under this section may lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record.

2.  Records maintained by local criminal justice agencies in the county in which the arrest occurred that are eligible for expunction pursuant to this section shall be sealed as the term is used in s. 943.059

(b)  As used in this section, the term "nonviolent misdemeanor" includes simple assault or battery when prearrest or postarrest diversion expunction is approved in writing by the state attorney for the county in which the arrest occurred.

(3)  The department shall expunge the nonjudicial arrest record of a minor who has successfully completed a prearrest or postarrest diversion program if that minor:

(a)  Submits an application for prearrest or postarrest diversion expunction, on a form ¹prescribed by the department, signed by the minor's parent or legal guardian, or by the minor if he or she has reached the age of majority at the time of applying.

(b)  Submits the application for prearrest or postarrest diversion expunction no later than 6 months after completion of the diversion program.

(c)  Submits to the department, with the application, an official written statement from the state attorney for the county in which the arrest occurred certifying that he or she has successfully completed that county's prearrest or postarrest diversion program and that participation in the program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.

(d)  Participated in a prearrest or postarrest diversion program that expressly authorizes or permits such expunction to occur.

(e)  Participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28

(f)  Has never, prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation.

(4)  The department is authorized to charge a $75 processing fee for each request received for prearrest or postarrest diversion program expunction, for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director.

(5)  This section operates retroactively to permit the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program on or after July 1, 2000; however, in the case of a minor whose completion of the program occurred before the effective date of this ²section, the application for prearrest or postarrest diversion expunction must be submitted within 6 months after the effective date of this ²section.

(6)  Expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections.

History.--s. 8, ch. 2001-125; s. 10, ch. 2001-127; s. 66, ch. 2004-267.

¹Note.--As enacted by s. 8, ch. 2001-125. Section 10, ch. 2001-127, also enacted s. 943.0582, and that version used the word "promulgated" instead of the word "prescribed."

²Note.--As enacted by s. 8, ch. 2001-125. Section 10, ch. 2001-127, also enacted s. 943.0582, and that version used the word "act" instead of the word "section."