Florida Senate - 2011                                    SB 1834
       By Senator Diaz de la Portilla
       36-01174-11                                           20111834__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; amending s. 943.0585, F.S.; allowing a
    4         candidate for admission to The Florida Bar to lawfully
    5         deny or fail to acknowledge arrests covered by an
    6         expunged record; conforming cross-references;
    7         providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraphs (a) and (c) of subsection (4) of
   12  section 943.0585, Florida Statutes, are amended to read:
   13         943.0585 Court-ordered expunction of criminal history
   14  records.—The courts of this state have jurisdiction over their
   15  own procedures, including the maintenance, expunction, and
   16  correction of judicial records containing criminal history
   17  information to the extent such procedures are not inconsistent
   18  with the conditions, responsibilities, and duties established by
   19  this section. Any court of competent jurisdiction may order a
   20  criminal justice agency to expunge the criminal history record
   21  of a minor or an adult who complies with the requirements of
   22  this section. The court shall not order a criminal justice
   23  agency to expunge a criminal history record until the person
   24  seeking to expunge a criminal history record has applied for and
   25  received a certificate of eligibility for expunction pursuant to
   26  subsection (2). A criminal history record that relates to a
   27  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   28  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
   29  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
   30  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
   31  any violation specified as a predicate offense for registration
   32  as a sexual predator pursuant to s. 775.21, without regard to
   33  whether that offense alone is sufficient to require such
   34  registration, or for registration as a sexual offender pursuant
   35  to s. 943.0435, may not be expunged, without regard to whether
   36  adjudication was withheld, if the defendant was found guilty of
   37  or pled guilty or nolo contendere to the offense, or if the
   38  defendant, as a minor, was found to have committed, or pled
   39  guilty or nolo contendere to committing, the offense as a
   40  delinquent act. The court may only order expunction of a
   41  criminal history record pertaining to one arrest or one incident
   42  of alleged criminal activity, except as provided in this
   43  section. The court may, at its sole discretion, order the
   44  expunction of a criminal history record pertaining to more than
   45  one arrest if the additional arrests directly relate to the
   46  original arrest. If the court intends to order the expunction of
   47  records pertaining to such additional arrests, such intent must
   48  be specified in the order. A criminal justice agency may not
   49  expunge any record pertaining to such additional arrests if the
   50  order to expunge does not articulate the intention of the court
   51  to expunge a record pertaining to more than one arrest. This
   52  section does not prevent the court from ordering the expunction
   53  of only a portion of a criminal history record pertaining to one
   54  arrest or one incident of alleged criminal activity.
   55  Notwithstanding any law to the contrary, a criminal justice
   56  agency may comply with laws, court orders, and official requests
   57  of other jurisdictions relating to expunction, correction, or
   58  confidential handling of criminal history records or information
   59  derived therefrom. This section does not confer any right to the
   60  expunction of any criminal history record, and any request for
   61  expunction of a criminal history record may be denied at the
   62  sole discretion of the court.
   64  criminal history record of a minor or an adult which is ordered
   65  expunged by a court of competent jurisdiction pursuant to this
   66  section must be physically destroyed or obliterated by any
   67  criminal justice agency having custody of such record; except
   68  that any criminal history record in the custody of the
   69  department must be retained in all cases. A criminal history
   70  record ordered expunged that is retained by the department is
   71  confidential and exempt from the provisions of s. 119.07(1) and
   72  s. 24(a), Art. I of the State Constitution and not available to
   73  any person or entity except upon order of a court of competent
   74  jurisdiction. A criminal justice agency may retain a notation
   75  indicating compliance with an order to expunge.
   76         (a) The person who is the subject of a criminal history
   77  record that is expunged under this section or under other
   78  provisions of law, including former s. 893.14, former s. 901.33,
   79  and former s. 943.058, may lawfully deny or fail to acknowledge
   80  the arrests covered by the expunged record, except when the
   81  subject of the record:
   82         1. Is a candidate for employment with a criminal justice
   83  agency;
   84         2. Is a defendant in a criminal prosecution;
   85         3. Concurrently or subsequently petitions for relief under
   86  this section or s. 943.059;
   87         4. Is a candidate for admission to The Florida Bar;
   88         4.5. Is seeking to be employed or licensed by or to
   89  contract with the Department of Children and Family Services,
   90  the Agency for Health Care Administration, the Agency for
   91  Persons with Disabilities, or the Department of Juvenile Justice
   92  or to be employed or used by such contractor or licensee in a
   93  sensitive position having direct contact with children, the
   94  developmentally disabled, the aged, or the elderly as provided
   95  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
   96  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5),
   97  chapter 916, s. 985.644, chapter 400, or chapter 429;
   98         5.6. Is seeking to be employed or licensed by the
   99  Department of Education, any district school board, any
  100  university laboratory school, any charter school, any private or
  101  parochial school, or any local governmental entity that licenses
  102  child care facilities; or
  103         6.7. Is seeking authorization from a seaport listed in s.
  104  311.09 for employment within or access to one or more of such
  105  seaports pursuant to s. 311.12.
  106         (c) Information relating to the existence of an expunged
  107  criminal history record which is provided in accordance with
  108  paragraph (a) is confidential and exempt from the provisions of
  109  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  110  except that the department shall disclose the existence of a
  111  criminal history record ordered expunged to the entities set
  112  forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
  113  respective licensing, access authorization, and employment
  114  purposes, and to criminal justice agencies for their respective
  115  criminal justice purposes. It is unlawful for any employee of an
  116  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  117  subparagraph (a)5., or subparagraph (a)6., or subparagraph (a)7.
  118  to disclose information relating to the existence of an expunged
  119  criminal history record of a person seeking employment, access
  120  authorization, or licensure with such entity or contractor,
  121  except to the person to whom the criminal history record relates
  122  or to persons having direct responsibility for employment,
  123  access authorization, or licensure decisions. Any person who
  124  violates this paragraph commits a misdemeanor of the first
  125  degree, punishable as provided in s. 775.082 or s. 775.083.
  126         Section 2. This act shall take effect July 1, 2011.