HB 4091

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

CODING: Words stricken are deletions; words underlined are additions.