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.