Florida Senate - 2016                                     SB 386
       By Senator Detert
       28-00488-16                                            2016386__
    1                        A bill to be entitled                      
    2         An act relating to expunction of records of minors;
    3         amending s. 943.0515, F.S.; decreasing the period of
    4         time that a minor’s criminal history record must be
    5         retained before expunction; amending s. 943.0582,
    6         F.S.; deleting a limitation on the period of time
    7         within which a minor must submit an application for
    8         prearrest or postarrest diversion expunction to the
    9         Department of Law Enforcement after successful
   10         completion of the diversion program; reenacting s.
   11         985.125(3), F.S., relating to prearrest and postarrest
   12         diversion programs, to incorporate the amendment made
   13         to s. 943.0582, F.S., in a reference thereto;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (b) of subsection (1) of section
   19  943.0515, Florida Statutes, is amended to read:
   20         943.0515 Retention of criminal history records of minors.—
   21         (1)
   22         (b) If the minor is not classified as a serious or habitual
   23  juvenile offender or committed to a juvenile correctional
   24  facility or juvenile prison under chapter 985, the program shall
   25  retain the minor’s criminal history record for 2 5 years after
   26  the date the minor reaches 19 years of age, at which time the
   27  record must shall be expunged unless it meets the criteria of
   28  paragraph (2)(a) or paragraph (2)(b).
   29         Section 2. Subsection (3) of section 943.0582, Florida
   30  Statutes, is amended to read:
   31         943.0582 Prearrest, postarrest, or teen court diversion
   32  program expunction.—
   33         (3) The department shall expunge the nonjudicial arrest
   34  record of a minor who has successfully completed a prearrest or
   35  postarrest diversion program if that minor:
   36         (a) Submits an application for prearrest or postarrest
   37  diversion expunction, on a form prescribed by the department,
   38  signed by the minor’s parent or legal guardian, or by the minor
   39  if he or she has reached the age of majority at the time of
   40  applying.
   41         (b) Submits the application for prearrest or postarrest
   42  diversion expunction no later than 12 months after completion of
   43  the diversion program.
   44         (b)(c) Submits to the department, with the application, an
   45  official written statement from the state attorney for the
   46  county in which the arrest occurred certifying that he or she
   47  has successfully completed that county’s prearrest or postarrest
   48  diversion program, that his or her participation in the program
   49  was based on an arrest for a nonviolent misdemeanor, and that he
   50  or she has not otherwise been charged by the state attorney
   51  with, or found to have committed, any criminal offense or
   52  comparable ordinance violation.
   53         (c)(d) Participated in a prearrest or postarrest diversion
   54  program that expressly authorizes or permits such expunction to
   55  occur.
   56         (d)(e) Participated in a prearrest or postarrest diversion
   57  program based on an arrest for a nonviolent misdemeanor that
   58  would not qualify as an act of domestic violence as that term is
   59  defined in s. 741.28.
   60         (e)(f) Has never been, prior to filing the application for
   61  expunction, been charged by the state attorney with, or been
   62  found to have committed, any criminal offense or comparable
   63  ordinance violation.
   64         Section 3. For the purpose of incorporating the amendment
   65  made by this act to section 943.0582, Florida Statutes, in a
   66  reference thereto, subsection (3) of section 985.125, Florida
   67  Statutes, is reenacted to read:
   68         985.125 Prearrest or postarrest diversion programs.—
   69         (3) The prearrest or postarrest diversion program may, upon
   70  agreement of the agencies that establish the program, provide
   71  for the expunction of the nonjudicial arrest record of a minor
   72  who successfully completes such a program pursuant to s.
   73  943.0582.
   74         Section 4. This act shall take effect July 1, 2016.