Florida Senate - 2020                                     SB 684
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00979-20                                            2020684__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records; reenacting and amending s. 943.0585, F.S.;
    4         expanding an exception to an eligibility requirement
    5         for expunction of a criminal history record to allow
    6         prior expunctions of criminal history records granted
    7         when the person was a minor; providing applicability;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 943.0585, Florida
   13  Statutes, is amended, and paragraph (a) of subsection (2) and
   14  subsection (3) of that section are reenacted, to read:
   15         943.0585 Court-ordered expunction of criminal history
   16  records.—
   17         (1) ELIGIBILITY.—A person is eligible to petition a court
   18  to expunge a criminal history record if:
   19         (a) An indictment, information, or other charging document
   20  was not filed or issued in the case giving rise to the criminal
   21  history record.
   22         (b) An indictment, information, or other charging document
   23  was filed or issued in the case giving rise to the criminal
   24  history record, was dismissed or nolle prosequi by the state
   25  attorney or statewide prosecutor, or was dismissed by a court of
   26  competent jurisdiction or a judgment of acquittal was rendered
   27  by a judge, or a verdict of not guilty was rendered by a judge
   28  or jury.
   29         (c) The person is not seeking to expunge a criminal history
   30  record that is ineligible for court-ordered expunction under s.
   31  943.0584.
   32         (d) The person has never, as of the date the application
   33  for a certificate of expunction is filed, been adjudicated
   34  guilty in this state of a criminal offense or been adjudicated
   35  delinquent in this state for committing any felony or any of the
   36  following misdemeanors, unless the record of such adjudication
   37  of delinquency has been expunged pursuant to s. 943.0515:
   38         1. Assault, as defined in s. 784.011;
   39         2. Battery, as defined in s. 784.03;
   40         3. Assault on a law enforcement officer, a firefighter, or
   41  other specified officers, as defined in s. 784.07(2)(a);
   42         4. Carrying a concealed weapon, as defined in s. 790.01(1);
   43         5. Open carrying of a weapon, as defined in s. 790.053;
   44         6. Unlawful possession or discharge of a weapon or firearm
   45  at a school-sponsored event or on school property, as defined in
   46  s. 790.115;
   47         7. Unlawful use of destructive devices or bombs, as defined
   48  in s. 790.1615(1);
   49         8. Unlawful possession of a firearm, as defined in s.
   50  790.22(5);
   51         9. Exposure of sexual organs, as defined in s. 800.03;
   52         10. Arson, as defined in s. 806.031(1);
   53         11. Petit theft, as defined in s. 812.014(3);
   54         12. Neglect of a child, as defined in s. 827.03(1)(e); or
   55         13. Cruelty to animals, as defined in s. 828.12(1).
   56         (e) The person has not been adjudicated guilty of, or
   57  adjudicated delinquent for committing, any of the acts stemming
   58  from the arrest or alleged criminal activity to which the
   59  petition pertains.
   60         (f) The person is no longer under court supervision
   61  applicable to the disposition of arrest or alleged criminal
   62  activity to which the petition to expunge pertains.
   63         (g) The person has never secured a prior sealing or
   64  expunction of a criminal history record under this section, s.
   65  943.059, former s. 893.14, former s. 901.33, or former s.
   66  943.058, unless:
   67         1. Expunction is sought of a criminal history record
   68  previously sealed for 10 years pursuant to paragraph (h) and the
   69  record is otherwise eligible for expunction; or
   70         2.The prior expunction was granted when he or she was a
   71  minor and the record is otherwise eligible for expunction. The
   72  requirement for the record to have previously been sealed for a
   73  minimum of 10 years under paragraph (h) does not apply to this
   74  subparagraph.
   75         (h) The person has previously obtained a court-ordered
   76  sealing the criminal history record under s. 943.059, former s.
   77  893.14, former s. 901.33, or former s. 943.058 for a minimum of
   78  10 years because adjudication was withheld or because all
   79  charges related to the arrest or alleged criminal activity to
   80  which the petition to expunge pertains were not dismissed before
   81  trial, without regard to whether the outcome of the trial was
   82  other than an adjudication of guilt. The requirement for the
   83  record to have previously been sealed for a minimum of 10 years
   84  does not apply if a plea was not entered or all charges related
   85  to the arrest or alleged criminal activity to which the petition
   86  to expunge pertains were dismissed before trial or a judgment of
   87  acquittal was rendered by a judge or a verdict of not guilty was
   88  rendered by a judge or jury.
   89         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
   90  to expunge a criminal history record, a person seeking to
   91  expunge a criminal history record must apply to the department
   92  for a certificate of eligibility for expunction. The department
   93  shall adopt rules to establish procedures for applying for and
   94  issuing a certificate of eligibility for expunction.
   95         (a) The department shall issue a certificate of eligibility
   96  for expunction to a person who is the subject of a criminal
   97  history record if that person:
   98         1. Satisfies the eligibility criteria in paragraphs (1)(a)
   99  (h) and is not ineligible under s. 943.0584.
  100         2. Has submitted to the department a written certified
  101  statement from the appropriate state attorney or statewide
  102  prosecutor which confirms the criminal history record complies
  103  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
  104  (c).
  105         3. Has submitted to the department a certified copy of the
  106  disposition of the charge to which the petition to expunge
  107  pertains.
  108         4. Remits a $75 processing fee to the department for
  109  placement in the Department of Law Enforcement Operating Trust
  110  Fund, unless the executive director waives such fee.
  111         (3) PETITION.—Each petition to expunge a criminal history
  112  record must be accompanied by:
  113         (a) A valid certificate of eligibility issued by the
  114  department.
  115         (b) The petitioner’s sworn statement that he or she:
  116         1. Satisfies the eligibility requirements for expunction in
  117  subsection (1).
  118         2. Is eligible for expunction to the best of his or her
  119  knowledge and does not have any other petition to seal or
  120  expunge a criminal history record pending before any court.
  121  
  122  A person who knowingly provides false information on such sworn
  123  statement commits a felony of the third degree, punishable as
  124  provided in s. 775.082, s. 775.083, or s. 775.084.
  125         Section 2. This act shall take effect July 1, 2020.