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CS/HB 1065 — Expunction of Criminal History Records

by Criminal Justice Subcommittee and Reps. Eagle, Jones, and others (CS/SB 298 by Criminal Justice Committee and Senator Bracy)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill enables a person to seek an expunction of a criminal history record if the charges related to the petition resulted in a judgment of acquittal or a not guilty verdict.

Additionally, the bill prohibits a person who was found guilty, or pled guilty or nolo contendere to one of the following offenses, or a person who, as a minor, was found to have committed, or pled guilty or nolo contendere to committing, one of the following offenses, from being eligible to seek a sealing of his or her criminal history record:

  • Sexual misconduct (ss. 393.135, 394.4593, and 916.1075, F.S.);
  • Luring or enticing a child (s. 787.025, F.S.);
  • Sexual battery (ch. 794, F.S.);
  • Procuring person under age 18 for prostitution (former s. 796.03, F.S.);
  • Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age (s. 800.04, F.S.);
  • Voyeurism (s. 810.14, F.S.);
  • Violations of the Florida Communications Fraud Act (s. 817.034, F.S.);
  • Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person (s. 825.1025, F.S.);
  • Sexual performance by a child (s. 827.071, F.S.);
  • Offenses by public officers and employees (ch. 839, F.S.);
  • Certain acts in connection with obscenity (s. 847.0133, F.S.);
  • Computer pornography (s. 847.0135, F.S.);
  • Selling or buying of minors (s. 847.0145, F.S.);
  • Trafficking (s. 893.135, F.S.);
  • A violation enumerated in s. 907.041, F.S.;
  • Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, F.S., without regard to whether that offense alone is sufficient to require such registration; or
  • Registration as a sexual offender pursuant to s. 943.0435, F.S.

If approved by the Governor, these provisions take effect October 1, 2018.

Vote: Senate 37-0; House 114-0