| 1 | A bill to be entitled |
| 2 | An act relating to juvenile expunction; amending s. |
| 3 | 943.0582, F.S.; allowing minors who have certain |
| 4 | felony arrests to have the Department of Corrections |
| 5 | expunge their nonjudicial arrest record upon |
| 6 | successful completion of a prearrest or postarrest |
| 7 | diversion program; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraphs (c), (e), and (f) of subsection (3) |
| 12 | of section 943.0582, Florida Statutes, are amended to read: |
| 13 | 943.0582 Prearrest, postarrest, or teen court diversion |
| 14 | program expunction.- |
| 15 | (3) The department shall expunge the nonjudicial arrest |
| 16 | record of a minor who has successfully completed a prearrest or |
| 17 | postarrest diversion program if that minor: |
| 18 | (c) Submits to the department, with the application, an |
| 19 | official written statement from the state attorney for the |
| 20 | county in which the arrest occurred certifying that he or she |
| 21 | has successfully completed that county's prearrest or postarrest |
| 22 | diversion program and that participation in the program is |
| 23 | strictly limited to minors arrested for a nonviolent |
| 24 | misdemeanor, or for a felony that does not relate to a violation |
| 25 | of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, |
| 26 | s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, |
| 27 | chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, |
| 28 | s. 916.1075, a violation enumerated in s. 907.041, or any |
| 29 | violation specified as a predicate offense for registration as a |
| 30 | sexual predator pursuant to s. 775.21, without regard to whether |
| 31 | that offense alone is sufficient to require such registration, |
| 32 | or for registration as a sexual offender pursuant to s. |
| 33 | 943.0435, who have not otherwise been charged with or found to |
| 34 | have committed any criminal offense or comparable ordinance |
| 35 | violation. |
| 36 | (e) Participated in a prearrest or postarrest diversion |
| 37 | program based on an arrest for a nonviolent misdemeanor that |
| 38 | would not qualify as an act of domestic violence as that term is |
| 39 | defined in s. 741.28. |
| 40 | (e)(f) Has never, prior to filing the application for |
| 41 | expunction, been charged with or been found to have committed |
| 42 | any criminal offense or comparable ordinance violation. |
| 43 | Section 2. This act shall take effect July 1, 2012. |