Florida Senate - 2014                                     SB 812
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01286A-14                                           2014812__
    1                        A bill to be entitled                      
    2         An act relating to court-ordered expunction of
    3         criminal history records; amending s. 943.0585, F.S.;
    4         revising the information that must be provided in the
    5         written statement from the state attorney or statewide
    6         prosecutor in order for a person to be eligible for a
    7         criminal history record expunction; requiring a person
    8         or entity that publishes, displays, or disseminates
    9         information regarding an arrest that has been expunged
   10         to remove such information under certain
   11         circumstances; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (2) of section
   16  943.0585, Florida Statutes, is amended, and paragraph (d) is
   17  added to subsection (4) of that section, to read:
   18         943.0585 Court-ordered expunction of criminal history
   19  records.—The courts of this state have jurisdiction over their
   20  own procedures, including the maintenance, expunction, and
   21  correction of judicial records containing criminal history
   22  information to the extent such procedures are not inconsistent
   23  with the conditions, responsibilities, and duties established by
   24  this section. Any court of competent jurisdiction may order a
   25  criminal justice agency to expunge the criminal history record
   26  of a minor or an adult who complies with the requirements of
   27  this section. The court shall not order a criminal justice
   28  agency to expunge a criminal history record until the person
   29  seeking to expunge a criminal history record has applied for and
   30  received a certificate of eligibility for expunction pursuant to
   31  subsection (2). A criminal history record that relates to a
   32  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   33  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
   34  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
   35  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
   36  any violation specified as a predicate offense for registration
   37  as a sexual predator pursuant to s. 775.21, without regard to
   38  whether that offense alone is sufficient to require such
   39  registration, or for registration as a sexual offender pursuant
   40  to s. 943.0435, may not be expunged, without regard to whether
   41  adjudication was withheld, if the defendant was found guilty of
   42  or pled guilty or nolo contendere to the offense, or if the
   43  defendant, as a minor, was found to have committed, or pled
   44  guilty or nolo contendere to committing, the offense as a
   45  delinquent act. The court may only order expunction of a
   46  criminal history record pertaining to one arrest or one incident
   47  of alleged criminal activity, except as provided in this
   48  section. The court may, at its sole discretion, order the
   49  expunction of a criminal history record pertaining to more than
   50  one arrest if the additional arrests directly relate to the
   51  original arrest. If the court intends to order the expunction of
   52  records pertaining to such additional arrests, such intent must
   53  be specified in the order. A criminal justice agency may not
   54  expunge any record pertaining to such additional arrests if the
   55  order to expunge does not articulate the intention of the court
   56  to expunge a record pertaining to more than one arrest. This
   57  section does not prevent the court from ordering the expunction
   58  of only a portion of a criminal history record pertaining to one
   59  arrest or one incident of alleged criminal activity.
   60  Notwithstanding any law to the contrary, a criminal justice
   61  agency may comply with laws, court orders, and official requests
   62  of other jurisdictions relating to expunction, correction, or
   63  confidential handling of criminal history records or information
   64  derived therefrom. This section does not confer any right to the
   65  expunction of any criminal history record, and any request for
   66  expunction of a criminal history record may be denied at the
   67  sole discretion of the court.
   68         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   69  petitioning the court to expunge a criminal history record, a
   70  person seeking to expunge a criminal history record shall apply
   71  to the department for a certificate of eligibility for
   72  expunction. The department shall, by rule adopted pursuant to
   73  chapter 120, establish procedures pertaining to the application
   74  for and issuance of certificates of eligibility for expunction.
   75  A certificate of eligibility for expunction is valid for 12
   76  months after the date stamped on the certificate when issued by
   77  the department. After that time, the petitioner must reapply to
   78  the department for a new certificate of eligibility. Eligibility
   79  for a renewed certification of eligibility must be based on the
   80  status of the applicant and the law in effect at the time of the
   81  renewal application. The department shall issue a certificate of
   82  eligibility for expunction to a person who is the subject of a
   83  criminal history record if that person:
   84         (a) Has obtained, and submitted to the department, a
   85  written, certified statement from the appropriate state attorney
   86  or statewide prosecutor which indicates:
   87         1. That an indictment, information, or other charging
   88  document was not filed or issued in the case.
   89         2. That an indictment, information, or other charging
   90  document, if filed or issued in the case, was dismissed or nolle
   91  prossed prosequi by the state attorney or statewide prosecutor,
   92  or was dismissed by a court of competent jurisdiction, or a
   93  judge or jury rendered a verdict of not guilty. The records of a
   94  person adjudicated not guilty by reason of insanity are not
   95  eligible for expunction under this section and that none of the
   96  charges related to the arrest or alleged criminal activity to
   97  which the petition to expunge pertains resulted in a trial,
   98  without regard to whether the outcome of the trial was other
   99  than an adjudication of guilt.
  100         3. That the criminal history record does not relate to a
  101  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  102  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  103  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  104  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  105  any violation specified as a predicate offense for registration
  106  as a sexual predator pursuant to s. 775.21, without regard to
  107  whether that offense alone is sufficient to require such
  108  registration, or for registration as a sexual offender pursuant
  109  to s. 943.0435, where the defendant was found guilty of, or pled
  110  guilty or nolo contendere to any such offense, or that the
  111  defendant, as a minor, was found to have committed, or pled
  112  guilty or nolo contendere to committing, such an offense as a
  113  delinquent act, without regard to whether adjudication was
  114  withheld.
  115         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  116  criminal history record of a minor or an adult which is ordered
  117  expunged by a court of competent jurisdiction pursuant to this
  118  section must be physically destroyed or obliterated by any
  119  criminal justice agency having custody of such record; except
  120  that any criminal history record in the custody of the
  121  department must be retained in all cases. A criminal history
  122  record ordered expunged that is retained by the department is
  123  confidential and exempt from the provisions of s. 119.07(1) and
  124  s. 24(a), Art. I of the State Constitution and not available to
  125  any person or entity except upon order of a court of competent
  126  jurisdiction. A criminal justice agency may retain a notation
  127  indicating compliance with an order to expunge.
  128         (d) A person or entity that publishes, displays, or in any
  129  way disseminates information regarding an arrest that has been
  130  expunged shall remove such information from any publication,
  131  Internet posting, or credit report upon receipt of a certified
  132  copy of an order granting a petition to expunge without further
  133  notice or cost to the individual who is the subject of the
  134  order.
  135         Section 2. This act shall take effect July 1, 2014.