| 1 | A bill to be entitled |
| 2 | An act relating to criminal history records; providing a |
| 3 | short title; amending s. 943.0585, F.S.; authorizing a |
| 4 | chief judge in a circuit to use senior judges or county |
| 5 | court judges to hear expunction petitions; authorizing |
| 6 | expunction of a record containing more than one arrest; |
| 7 | deleting provisions relating to a limitation on expunging |
| 8 | only records with one arrest; providing duties for private |
| 9 | companies or individuals that disseminate public records; |
| 10 | revising requirements for a petition to expunge a criminal |
| 11 | history record; revising requirements for service of |
| 12 | petitions to expunge records; providing for automatic |
| 13 | qualification for expunction of records in certain |
| 14 | circumstances; providing requirements for expunction of |
| 15 | such records; providing for expunction orders; providing |
| 16 | for a procedure if the Department of Law Enforcement or |
| 17 | any other criminal justice agency believes an expunction |
| 18 | order did not comply with requirements; providing that an |
| 19 | order expunging a criminal history record under specified |
| 20 | provisions does not require that the record be surrendered |
| 21 | to the court; providing that such record shall continue to |
| 22 | be maintained by the department and other criminal justice |
| 23 | agencies; amending s. 943.0582, F.S.; conforming a cross- |
| 24 | reference; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. This act may be cited as the "Jim King Keep |
| 29 | Florida Working Act." |
| 30 | Section 2. Section 943.0585, Florida Statutes, is amended |
| 31 | to read: |
| 32 | 943.0585 Court-ordered expunction of criminal history |
| 33 | records.-The courts of this state have jurisdiction over their |
| 34 | own procedures, including the maintenance, expunction, and |
| 35 | correction of judicial records containing criminal history |
| 36 | information to the extent such procedures are not inconsistent |
| 37 | with the conditions, responsibilities, and duties established by |
| 38 | this section. The chief judge in any circuit may authorize the |
| 39 | use of senior judges or county court judges to hear cases |
| 40 | involving petitions to expunge criminal history records. Any |
| 41 | court of competent jurisdiction may order a criminal justice |
| 42 | agency to expunge the criminal history record of a minor or an |
| 43 | adult who complies with the requirements of this section. The |
| 44 | court may shall not order a criminal justice agency to expunge a |
| 45 | criminal history record until the person seeking to expunge a |
| 46 | criminal history record has applied for and received a |
| 47 | certificate of eligibility for expunction pursuant to subsection |
| 48 | (2), unless the person qualifies for an automatic expunction |
| 49 | under subsection (4). A criminal history record that relates to |
| 50 | a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 51 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 52 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 53 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 54 | any violation specified as a predicate offense for registration |
| 55 | as a sexual predator pursuant to s. 775.21, without regard to |
| 56 | whether that offense alone is sufficient to require such |
| 57 | registration, or for registration as a sexual offender pursuant |
| 58 | to s. 943.0435, may not be expunged, without regard to whether |
| 59 | adjudication was withheld, if the defendant was found guilty of |
| 60 | or pled guilty or nolo contendere to the offense, or if the |
| 61 | defendant, as a minor, was found to have committed, or pled |
| 62 | guilty or nolo contendere to committing, the offense as a |
| 63 | delinquent act. The court may only order expunction of a |
| 64 | criminal history record pertaining to one or more arrests arrest |
| 65 | or incidents one incident of alleged criminal activity, except |
| 66 | as provided in this section. The court shall automatically |
| 67 | expunge, upon appropriate petition as provided in this section, |
| 68 | the criminal history record in which formal charges were either |
| 69 | not filed by the state or, if filed, were ultimately dismissed |
| 70 | by the state or a court of competent jurisdiction or resulted in |
| 71 | a finding of not guilty by the fact finder in a trial on the |
| 72 | merits of the charges The court may, at its sole discretion, |
| 73 | order the expunction of a criminal history record pertaining to |
| 74 | more than one arrest if the additional arrests directly relate |
| 75 | to the original arrest. If the court intends to order the |
| 76 | expunction of records pertaining to such additional arrests, |
| 77 | such intent must be specified in the order. A criminal justice |
| 78 | agency may not expunge any record pertaining to such additional |
| 79 | arrests if the order to expunge does not articulate the |
| 80 | intention of the court to expunge a record pertaining to more |
| 81 | than one arrest. This section does not prevent the court from |
| 82 | ordering the expunction of only a portion of a criminal history |
| 83 | record pertaining to one arrest or one incident of alleged |
| 84 | criminal activity. Notwithstanding any law to the contrary, a |
| 85 | criminal justice agency may comply with laws, court orders, and |
| 86 | official requests of other jurisdictions relating to expunction, |
| 87 | correction, or confidential handling of criminal history records |
| 88 | or information derived therefrom. This section does not confer |
| 89 | any right to the expunction of any criminal history record, with |
| 90 | the exception of the automatic expunging of criminal history |
| 91 | records upon appropriate petition, and any request for |
| 92 | expunction of a criminal history record may be denied at the |
| 93 | sole discretion of the court. Any private company or individual |
| 94 | that disseminates public records subject to this section is |
| 95 | under an affirmative duty to maintain accurate records and must |
| 96 | comply with all provisions of this section. |
| 97 | (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each |
| 98 | petition to a court to expunge a criminal history record is |
| 99 | complete only when accompanied by: |
| 100 | (a) A valid certificate of eligibility for expunction |
| 101 | issued by the department pursuant to subsection (2). |
| 102 | (b) The petitioner's sworn statement attesting that the |
| 103 | petitioner: |
| 104 | 1. Has never, prior to the date on which the petition is |
| 105 | filed, been adjudicated guilty of a criminal offense or |
| 106 | comparable ordinance violation, or been adjudicated delinquent |
| 107 | for committing any felony or a misdemeanor specified in s. |
| 108 | 943.051(3)(b). |
| 109 | 1.2. Has not been adjudicated guilty of, or adjudicated |
| 110 | delinquent for committing, any of the acts stemming from the |
| 111 | arrest or alleged criminal activity to which the petition |
| 112 | pertains. |
| 113 | 2.3. Has never secured a prior sealing or expunction of a |
| 114 | criminal history record under this section, former s. 893.14, |
| 115 | former s. 901.33, or former s. 943.058, or from any jurisdiction |
| 116 | outside the state, unless expunction is sought of a criminal |
| 117 | history record previously sealed for 10 years pursuant to |
| 118 | paragraph (2)(g)(h) or, if expunction is sought for a |
| 119 | misdemeanor, the petitioner has been free from arrest for a |
| 120 | period of 5 years or, if expunction is sought for a felony, the |
| 121 | petitioner has been free from arrest for a period of 10 years, |
| 122 | and the record is otherwise eligible for expunction. |
| 123 | 3.4. Is eligible for such an expunction to the best of his |
| 124 | or her knowledge or belief and does not have any other petition |
| 125 | to expunge or any petition to seal pending before any court. |
| 126 |
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| 127 | Any person who knowingly provides false information on such |
| 128 | sworn statement to the court commits a felony of the third |
| 129 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 130 | 775.084. |
| 131 | (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Prior to |
| 132 | petitioning the court to expunge a criminal history record, a |
| 133 | person seeking to expunge a criminal history record shall apply |
| 134 | to the department for a certificate of eligibility for |
| 135 | expunction. The department shall, by rule adopted pursuant to |
| 136 | chapter 120, establish procedures pertaining to the application |
| 137 | for and issuance of certificates of eligibility for expunction. |
| 138 | A certificate of eligibility for expunction is valid for 12 |
| 139 | months after the date stamped on the certificate when issued by |
| 140 | the department. After that time, the petitioner must reapply to |
| 141 | the department for a new certificate of eligibility. Eligibility |
| 142 | for a renewed certification of eligibility must be based on the |
| 143 | status of the applicant and the law in effect at the time of the |
| 144 | renewal application. The department shall issue a certificate of |
| 145 | eligibility for expunction to a person who is the subject of a |
| 146 | criminal history record if that person: |
| 147 | (a) Has obtained, and submitted to the department, a |
| 148 | written, certified statement from the appropriate state attorney |
| 149 | or statewide prosecutor which indicates: |
| 150 | 1. That an indictment, information, or other charging |
| 151 | document was not filed or issued in the case. |
| 152 | 2. That an indictment, information, or other charging |
| 153 | document, if filed or issued in the case, was dismissed or nolle |
| 154 | prosequi by the state attorney or statewide prosecutor, or was |
| 155 | dismissed by a court of competent jurisdiction, and that none of |
| 156 | the charges related to the arrest or alleged criminal activity |
| 157 | to which the petition to expunge pertains resulted in a trial, |
| 158 | without regard to whether the outcome of the trial was other |
| 159 | than an adjudication of guilt. |
| 160 | 3. That the criminal history record does not relate to a |
| 161 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 162 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 163 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 164 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 165 | any violation specified as a predicate offense for registration |
| 166 | as a sexual predator pursuant to s. 775.21, without regard to |
| 167 | whether that offense alone is sufficient to require such |
| 168 | registration, or for registration as a sexual offender pursuant |
| 169 | to s. 943.0435, where the defendant was found guilty of, or pled |
| 170 | guilty or nolo contendere to any such offense, or that the |
| 171 | defendant, as a minor, was found to have committed, or pled |
| 172 | guilty or nolo contendere to committing, such an offense as a |
| 173 | delinquent act, without regard to whether adjudication was |
| 174 | withheld. |
| 175 | (b) Remits a $75 processing fee to the department for |
| 176 | placement in the Department of Law Enforcement Operating Trust |
| 177 | Fund, unless such fee is waived by the executive director. |
| 178 | (c) Has submitted to the department a certified copy of |
| 179 | the disposition of the charge to which the petition to expunge |
| 180 | pertains. |
| 181 | (d) Has never, prior to the date on which the application |
| 182 | for a certificate of eligibility is filed, been adjudicated |
| 183 | guilty of a criminal offense or comparable ordinance violation, |
| 184 | or been adjudicated delinquent for committing any felony or a |
| 185 | misdemeanor specified in s. 943.051(3)(b). |
| 186 | (d)(e) Has not been adjudicated guilty of, or adjudicated |
| 187 | delinquent for committing, any of the acts stemming from the |
| 188 | arrest or alleged criminal activity to which the petition to |
| 189 | expunge pertains. |
| 190 | (e)(f) Has never secured a prior sealing or expunction of |
| 191 | a criminal history record under this section, former s. 893.14, |
| 192 | former s. 901.33, or former s. 943.058, unless expunction is |
| 193 | sought of a criminal history record previously sealed for 2 10 |
| 194 | years pursuant to paragraph (g) or, if expunction is sought for |
| 195 | a misdemeanor, the petitioner has been free from arrest for a |
| 196 | period of 5 years or, if expunction is sought for a felony, the |
| 197 | petitioner has been free from arrest for a period of 10 years |
| 198 | (h) and the record is otherwise eligible for expunction. |
| 199 | (f)(g) Is no longer under court supervision applicable to |
| 200 | the disposition of the arrest or alleged criminal activity to |
| 201 | which the petition to expunge pertains. |
| 202 | (g)(h) Has previously obtained a court order sealing the |
| 203 | record under this section, former s. 893.14, former s. 901.33, |
| 204 | or former s. 943.058 for a minimum of 10 years because |
| 205 | adjudication was withheld or because all charges related to the |
| 206 | arrest or alleged criminal activity to which the petition to |
| 207 | expunge pertains were not dismissed prior to trial, without |
| 208 | regard to whether the outcome of the trial was other than an |
| 209 | adjudication of guilt. The requirement for the record to have |
| 210 | previously been sealed for a minimum of 10 years does not apply |
| 211 | when a plea was not entered or all charges related to the arrest |
| 212 | or alleged criminal activity to which the petition to expunge |
| 213 | pertains were dismissed prior to trial. |
| 214 | (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.- |
| 215 | (a) In judicial proceedings under this section, a copy of |
| 216 | the completed petition to expunge shall be served upon the |
| 217 | appropriate state attorney or the statewide prosecutor and upon |
| 218 | the arresting agency; however, it is not necessary to make any |
| 219 | agency other than the state a party. The appropriate state |
| 220 | attorney or the statewide prosecutor and the arresting agency |
| 221 | may respond to the court regarding the completed petition to |
| 222 | expunge. |
| 223 | (b) If relief is granted by the court, the clerk of the |
| 224 | court shall certify copies of the order to the appropriate state |
| 225 | attorney or the statewide prosecutor and the arresting agency. |
| 226 | The arresting agency is responsible for forwarding the order to |
| 227 | any other agency to which the arresting agency disseminated the |
| 228 | criminal history record information to which the order pertains. |
| 229 | The department shall forward the order to expunge to the Federal |
| 230 | Bureau of Investigation and the appropriate office of the state |
| 231 | attorney or the statewide prosecutor that prosecuted the case. |
| 232 | The clerk of the court shall certify a copy of the order to any |
| 233 | other agency which the records of the court reflect has received |
| 234 | the criminal history record from the court. |
| 235 | (c) For an order to expunge entered by a court prior to |
| 236 | July 1, 1992, the department shall notify the appropriate state |
| 237 | attorney or statewide prosecutor of an order to expunge which is |
| 238 | contrary to law because the person who is the subject of the |
| 239 | record has previously been convicted of a crime or comparable |
| 240 | ordinance violation or has had a prior criminal history record |
| 241 | sealed or expunged. Upon receipt of such notice, the appropriate |
| 242 | state attorney or statewide prosecutor shall take action, within |
| 243 | 60 days, to correct the record and petition the court to void |
| 244 | the order to expunge. The department shall seal the record until |
| 245 | such time as the order is voided by the court. |
| 246 | (d) On or after July 1, 1992, the department or any other |
| 247 | criminal justice agency is not required to act on an order to |
| 248 | expunge entered by a court when such order does not comply with |
| 249 | the requirements of this section. Upon receipt of such an order, |
| 250 | the department must notify the issuing court, the appropriate |
| 251 | state attorney or statewide prosecutor, the petitioner or the |
| 252 | petitioner's attorney, and the arresting agency of the reason |
| 253 | for noncompliance. The appropriate state attorney or statewide |
| 254 | prosecutor shall take action within 60 days to correct the |
| 255 | record and petition the court to void the order. With the |
| 256 | exception of automatic expunction brought by petition under |
| 257 | subsection (4), no cause of action, including contempt of court, |
| 258 | may shall arise against any criminal justice agency for failure |
| 259 | to comply with an order to expunge when the petitioner for such |
| 260 | order failed to obtain the certificate of eligibility as |
| 261 | required by this section or such order does not otherwise comply |
| 262 | with the requirements of this section. |
| 263 | (4) AUTOMATIC QUALIFICATION FOR EXPUNCTION.- |
| 264 | Notwithstanding any provisions of this section or any law |
| 265 | dealing generally with the preservation and destruction of |
| 266 | public records, a criminal history record relating to a person |
| 267 | who has not been found guilty of, or not pled guilty or nolo |
| 268 | contendere to, an offense automatically qualifies for |
| 269 | expunction. If the person was adjudicated guilty of or |
| 270 | adjudicated delinquent for committing any of the acts stemming |
| 271 | from the arrest or alleged criminal activity or delinquent act, |
| 272 | the record does not qualify for automatic expunction. |
| 273 | (a) A record automatically qualified for expunction shall |
| 274 | be expunged if: |
| 275 | 1. An indictment, information, or other charging document |
| 276 | was not filed or issued in the case; |
| 277 | 2. An indictment, information, or other charging document |
| 278 | was filed or issued in the case and was dismissed or a nolle |
| 279 | prosequi was filed by the state attorney or statewide prosecutor |
| 280 | or the case was dismissed by a court of competent jurisdiction; |
| 281 | or |
| 282 | 3. The person was found not guilty or acquitted by a judge |
| 283 | or jury. |
| 284 | (b) Each petition to a court to expunge a criminal history |
| 285 | record under this subsection is complete only when accompanied |
| 286 | by a certified copy of the disposition of the offenses sought to |
| 287 | be sealed. |
| 288 | (c)1. A certificate of eligibility for expunction from the |
| 289 | department is not required under this subsection. |
| 290 | 2. Any court of competent jurisdiction may order a |
| 291 | criminal justice agency to expunge the criminal history record |
| 292 | of a minor or an adult whose record qualifies for automatic |
| 293 | expunction under this subsection. |
| 294 | 3. In judicial proceedings under this subsection, a copy |
| 295 | of the completed petition to expunge shall be served upon the |
| 296 | arresting agency; however, it is not necessary to make any |
| 297 | agency other than the state a party to the proceedings. The |
| 298 | arresting agency may respond to the court regarding the |
| 299 | completed petition to expunge. |
| 300 | 4. Notwithstanding this section, s. 943.059, and any other |
| 301 | provision of law, the court may order expunction of a criminal |
| 302 | history record pertaining to more than one arrest or more than |
| 303 | one incident of alleged criminal activity if the person has not |
| 304 | been adjudicated guilty of or adjudicated delinquent for |
| 305 | committing any of the acts stemming from the arrest or alleged |
| 306 | criminal activity or delinquent act to which the petition to |
| 307 | expunge pertains. |
| 308 | 5. If relief is granted by the court, the clerk of the |
| 309 | court shall certify copies of the order to the appropriate state |
| 310 | attorney or the statewide prosecutor, to the county, and to the |
| 311 | arresting agency. The arresting agency is responsible for |
| 312 | forwarding the order to any other agency to which the arresting |
| 313 | agency disseminated the criminal history record information to |
| 314 | which the order pertains. The department shall forward the order |
| 315 | to expunge to the Federal Bureau of Investigation. The clerk of |
| 316 | the court shall certify a copy of the order to any other agency |
| 317 | that court records indicate has received the criminal history |
| 318 | record from the court. The county is responsible for forwarding |
| 319 | the order to any agency, organization, or company to which the |
| 320 | county disseminated the criminal history information to which |
| 321 | the order pertains. |
| 322 | 6. The department or any other criminal justice agency is |
| 323 | not required to act on an order to expunge entered by a court |
| 324 | when such order does not comply with the requirements of this |
| 325 | section. Upon receipt of such an order, the department must |
| 326 | notify the issuing court, the appropriate state attorney or the |
| 327 | statewide prosecutor, the petitioner or the petitioner's |
| 328 | attorney, and the arresting agency within 5 business days after |
| 329 | determining that the department or the agency cannot comply with |
| 330 | the court order. The appropriate state attorney or the statewide |
| 331 | prosecutor shall take action within 5 business days to correct |
| 332 | the record and petition the court to void the order. No cause of |
| 333 | action, including contempt of court, may arise against any |
| 334 | criminal justice agency for failure to comply with an order to |
| 335 | expunge when such order does not comply with the requirements of |
| 336 | this subsection. |
| 337 | 7. An order expunging a criminal history record pursuant |
| 338 | to this subsection does not require that such record be |
| 339 | surrendered to the court, and such record shall continue to be |
| 340 | maintained by the department and other criminal justice |
| 341 | agencies. |
| 342 | (5)(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any |
| 343 | criminal history record of a minor or an adult which is ordered |
| 344 | expunged by a court of competent jurisdiction pursuant to this |
| 345 | section must be physically destroyed or obliterated by any |
| 346 | criminal justice agency having custody of such record; except |
| 347 | that any criminal history record in the custody of the |
| 348 | department must be retained in all cases. A criminal history |
| 349 | record ordered expunged that is retained by the department is |
| 350 | confidential and exempt from the provisions of s. 119.07(1) and |
| 351 | s. 24(a), Art. I of the State Constitution and not available to |
| 352 | any person or entity except upon order of a court of competent |
| 353 | jurisdiction. A criminal justice agency may retain a notation |
| 354 | indicating compliance with an order to expunge. |
| 355 | (a) The person who is the subject of a criminal history |
| 356 | record that is expunged under this section or under other |
| 357 | provisions of law, including former s. 893.14, former s. 901.33, |
| 358 | and former s. 943.058, may lawfully deny or fail to acknowledge |
| 359 | the arrests covered by the expunged record, except when the |
| 360 | subject of the record: |
| 361 | 1. Is a candidate for employment with a criminal justice |
| 362 | agency; |
| 363 | 2. Is a defendant in a criminal prosecution; |
| 364 | 3. Concurrently or subsequently petitions for relief under |
| 365 | this section or s. 943.059; |
| 366 | 4. Is a candidate for admission to The Florida Bar; |
| 367 | 5. Is seeking to be employed or licensed by or to contract |
| 368 | with the Department of Children and Family Services, the Agency |
| 369 | for Health Care Administration, the Agency for Persons with |
| 370 | Disabilities, or the Department of Juvenile Justice or to be |
| 371 | employed or used by such contractor or licensee in a sensitive |
| 372 | position having direct contact with children, the |
| 373 | developmentally disabled, the aged, or the elderly as provided |
| 374 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 375 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), |
| 376 | chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 377 | 6. Is seeking to be employed or licensed by the Department |
| 378 | of Education, any district school board, any university |
| 379 | laboratory school, any charter school, any private or parochial |
| 380 | school, or any local governmental entity that licenses child |
| 381 | care facilities; or |
| 382 | 7. Is seeking authorization from a seaport listed in s. |
| 383 | 311.09 for employment within or access to one or more of such |
| 384 | seaports pursuant to s. 311.12. |
| 385 | (b) Subject to the exceptions in paragraph (a), a person |
| 386 | who has been granted an expunction under this section, former s. |
| 387 | 893.14, former s. 901.33, or former s. 943.058 may not be held |
| 388 | under any provision of law of this state to commit perjury or to |
| 389 | be otherwise liable for giving a false statement by reason of |
| 390 | such person's failure to recite or acknowledge an expunged |
| 391 | criminal history record. |
| 392 | (c) Information relating to the existence of an expunged |
| 393 | criminal history record which is provided in accordance with |
| 394 | paragraph (a) is confidential and exempt from the provisions of |
| 395 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, |
| 396 | except that the department shall disclose the existence of a |
| 397 | criminal history record ordered expunged to the entities set |
| 398 | forth in subparagraphs (a)1., 4., 5., 6., and 7. for their |
| 399 | respective licensing, access authorization, and employment |
| 400 | purposes, and to criminal justice agencies for their respective |
| 401 | criminal justice purposes. It is unlawful for any employee of an |
| 402 | entity set forth in subparagraph (a)1., subparagraph (a)4., |
| 403 | subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to |
| 404 | disclose information relating to the existence of an expunged |
| 405 | criminal history record of a person seeking employment, access |
| 406 | authorization, or licensure with such entity or contractor, |
| 407 | except to the person to whom the criminal history record relates |
| 408 | or to persons having direct responsibility for employment, |
| 409 | access authorization, or licensure decisions. Any person who |
| 410 | violates this paragraph commits a misdemeanor of the first |
| 411 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 412 | (6)(5) STATUTORY REFERENCES.-Any reference to any other |
| 413 | chapter, section, or subdivision of the Florida Statutes in this |
| 414 | section constitutes a general reference under the doctrine of |
| 415 | incorporation by reference. |
| 416 | Section 3. Paragraph (a) of subsection (2) of section |
| 417 | 943.0582, Florida Statutes, is amended to read: |
| 418 | 943.0582 Prearrest, postarrest, or teen court diversion |
| 419 | program expunction.- |
| 420 | (2)(a) As used in this section, the term "expunction" has |
| 421 | the same meaning ascribed in and effect as s. 943.0585, except |
| 422 | that: |
| 423 | 1. The provisions of s. 943.0585(5)(4)(a) do not apply, |
| 424 | except that the criminal history record of a person whose record |
| 425 | is expunged pursuant to this section shall be made available |
| 426 | only to criminal justice agencies for the purpose of determining |
| 427 | eligibility for prearrest, postarrest, or teen court diversion |
| 428 | programs; when the record is sought as part of a criminal |
| 429 | investigation; or when the subject of the record is a candidate |
| 430 | for employment with a criminal justice agency. For all other |
| 431 | purposes, a person whose record is expunged under this section |
| 432 | may lawfully deny or fail to acknowledge the arrest and the |
| 433 | charge covered by the expunged record. |
| 434 | 2. Records maintained by local criminal justice agencies |
| 435 | in the county in which the arrest occurred that are eligible for |
| 436 | expunction pursuant to this section shall be sealed as the term |
| 437 | is used in s. 943.059. |
| 438 | Section 4. This act shall take effect July 1, 2011. |