Florida Senate - 2016 SB 276 By Senator Smith 31-00182-16 2016276__ 1 A bill to be entitled 2 An act relating to expunction of criminal history 3 records; creating s. 943.0595, F.S.; providing for the 4 automatic expunction of criminal history records in 5 specified circumstances; providing a process for 6 expunction of a criminal history record; providing 7 that expunction granted under the act does not prevent 8 a person who receives such relief from petitioning for 9 the expunction or sealing of a criminal history record 10 under other provisions of law; providing for the 11 treatment of general references in the act under the 12 doctrine of incorporation by reference; amending s. 13 943.0582, F.S.; conforming a provision to changes made 14 by the act; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 943.0595, Florida Statutes, is created 19 to read: 20 943.0595 Automatic qualification for expunction of criminal 21 history record if no finding of guilt.— 22 (1) QUALIFICATION.— 23 (a) Notwithstanding any law dealing with the preservation 24 and destruction of public records, a criminal history record 25 relating to a person who has not been found guilty of, or has 26 not pled guilty or nolo contendere to, an offense automatically 27 qualifies for expunction. The record must be expunged if: 28 1. An indictment, information, or other charging document 29 was not filed or issued in the case; 30 2. An indictment, information, or other charging document 31 was filed or issued in the case and was dismissed or nolle 32 prosequi by the state attorney or statewide prosecutor or 33 dismissed by a court of competent jurisdiction; or 34 3. The person was found not guilty or acquitted by a judge 35 or jury. 36 (b) If the person was adjudicated guilty of or adjudicated 37 delinquent for committing any of the acts stemming from the 38 arrest or alleged criminal activity or delinquent act, the 39 record does not qualify for automatic expunction. 40 (2) PETITION.—Each petition to a court to expunge a 41 criminal history record is complete only when accompanied by a 42 certified copy of the disposition of the offenses sought to be 43 sealed. 44 (3) PROCESS.— 45 (a) A certificate of eligibility for expunction from the 46 department is not required under this section. 47 (b) A court of competent jurisdiction may order a criminal 48 justice agency to expunge the criminal history record of a minor 49 or an adult whose record qualifies for automatic expunction 50 under this section. 51 (c) In a judicial proceeding under this section, a copy of 52 the completed petition to expunge shall be served upon the 53 appropriate state attorney or the statewide prosecutor and upon 54 the arresting agency. It is not necessary to make any agency 55 other than the state a party. The appropriate state attorney or 56 the statewide prosecutor and the arresting agency may respond to 57 the court regarding the completed petition to expunge. 58 (d) Notwithstanding ss. 943.0585 and 943.059 and any other 59 law, the court may order expunction of a criminal history record 60 pertaining to more than one arrest or one incident of alleged 61 criminal activity if the person has not been adjudicated guilty 62 of or adjudicated delinquent for committing any of the acts 63 stemming from the arrest or alleged criminal activity or 64 delinquent act to which the petition to expunge pertains. 65 (e) If relief is granted by the court, the clerk of the 66 court shall certify copies of the order to the appropriate state 67 attorney or the statewide prosecutor, to the county, and to the 68 arresting agency. The arresting agency shall forward the order 69 to any other agency to which the arresting agency disseminated 70 the criminal history record information to which the order 71 pertains. The department shall forward the order to expunge to 72 the Federal Bureau of Investigation. The clerk of the court 73 shall certify a copy of the order to any other agency that court 74 records indicate has received the criminal history record from 75 the court. The county shall forward the order to any agency, 76 organization, or company to which the county disseminated the 77 criminal history information to which the order pertains. 78 (f) The department or any other criminal justice agency is 79 required to not act on an order to expunge entered by a court 80 when the order does not comply with the requirements of this 81 section. Upon receipt of such an order, the department shall 82 notify the issuing court, the appropriate state attorney or the 83 statewide prosecutor, the petitioner or the petitioner’s 84 attorney, and the arresting agency within 5 business days after 85 determining that the department or the agency cannot comply with 86 the court order. The appropriate state attorney or the statewide 87 prosecutor shall take action within 60 days to correct the 88 record and petition the court to void the order. A cause of 89 action, including contempt of court, may not arise against any 90 criminal justice agency for failing to comply with an order to 91 expunge when the order does not comply with the requirements of 92 this section. 93 (g) An order expunging a criminal history record pursuant 94 to this section does not require that the record be surrendered 95 to the court, and the record shall continue to be maintained by 96 the department and other criminal justice agencies. 97 (4) SECTION NOT EXCLUSIVE.—Expunction granted under this 98 section does not prevent the person who receives such relief 99 from petitioning for the expunction or sealing of a criminal 100 history record as provided for in ss. 943.0585 and 943.059 if 101 the person is otherwise eligible under those sections. 102 (5) STATUTORY REFERENCES.—Any reference to any other 103 chapter, section, or subdivision of the Florida Statutes in this 104 section constitutes a general reference under the doctrine of 105 incorporation by reference. 106 Section 2. Subsection (5) of section 943.0582, Florida 107 Statutes, is amended to read: 108 943.0582 Prearrest, postarrest, or teen court diversion 109 program expunction.— 110 (5) Expunction or sealing granted under this section does 111 not prevent the minor who receives such relief from petitioning 112 for the expunction or sealing of a later criminal history record 113 as provided for in ss. 943.0583, 943.0585,
and943.059, and 114 943.0595, if the minor is otherwise eligible under those 115 sections. 116 Section 3. This act shall take effect July 1, 2016.