Bill Text: FL S0940 | 2012 | Regular Session | Comm Sub
Bill Title: Juvenile Expunction
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S0940 Detail]
Download: Florida-2012-S0940-Comm_Sub.html
Florida Senate - 2012 CS for SB 940 By the Committee on Criminal Justice; and Senator Wise 591-03791-12 2012940c1 1 A bill to be entitled 2 An act relating to juvenile expunction; amending s. 3 943.0582, F.S.; allowing minors who have certain 4 felony arrests to have the Department of Law 5 Enforcement expunge their nonjudicial arrest record 6 upon successful completion of a prearrest or 7 postarrest diversion program; extending the 8 application submission period for minors who have 9 successfully completed a prearrest or postarrest 10 diversion program; extending the application 11 submission date for minors who completed the program 12 before a certain date; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraphs (b), (c), (e), and (f) of subsection 17 (3) and subsection (5) of section 943.0582, Florida Statutes, 18 are amended to read: 19 943.0582 Prearrest, postarrest, or teen court diversion 20 program expunction.— 21 (3) The department shall expunge the nonjudicial arrest 22 record of a minor who has successfully completed a prearrest or 23 postarrest diversion program if that minor: 24 (b) Submits the application for prearrest or postarrest 25 diversion expunction no later than 126months after completion 26 of the diversion program. 27 (c) Submits to the department, with the application, an 28 official written statement from the state attorney for the 29 county in which the arrest occurred certifying that he or she 30 has successfully completed that county’s prearrest or postarrest 31 diversion program,andthat he or she participatedparticipation32 in the program based on an arrestis strictly limited to minors33arrestedfor a nonviolent misdemeanor, or for a felony that does 34 not relate to a violation of s. 393.135, s. 394.4593, s. 35 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s. 36 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 37 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation 38 enumerated in s. 907.041, or any violation specified as a 39 predicate offense for registration as a sexual predator pursuant 40 to s. 775.21, without regard to whether that offense alone is 41 sufficient to require such registration, or for registration as 42 a sexual offender pursuant to s. 943.0435, and that he or she 43 haswho havenot otherwise been charged with or found to have 44 committed any criminal offense or comparable ordinance 45 violation. 46(e) Participated in a prearrest or postarrest diversion47program based on an arrest for a nonviolent misdemeanor that48would not qualify as an act of domestic violence as that term is49defined in s.741.28.50 (e)(f)Has never, beforeprior tofiling the application 51 for expunction, been charged with or been found to have 52 committed any criminal offense or comparable ordinance 53 violation. 54 (5) This section operates retroactively to permit the 55 expunction of any nonjudicial record of the arrest of a minor 56 who has successfully completed a prearrest or postarrest 57 diversion program on or after July 1, 2000; however, in the case 58 of a minor whose completion of the program occurred before July 59 1, 2012the effective date of this section, the application for 60 prearrest or postarrest diversion expunction must be submitted 61 within 126months after July 1, 2012the effective date of this62section. 63 Section 2. This act shall take effect July 1, 2012.