Florida Senate - 2020 CS for SB 684 By the Committee on Criminal Justice; and Senators Pizzo, Taddeo, Book, Perry, and Bracy 591-02027-20 2020684c1 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 a 6 prior expunction of a criminal history record granted 7 for offenses committed when the person was a minor; 8 providing applicability; 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 for a criminal history 71 record for an offense that was committed when he or she was a 72 minor and the record is otherwise eligible for expunction. This 73 subparagraph does not apply if the prior expunction was for an 74 offense in which the minor was charged as an adult. The 75 requirement for the record to have previously been sealed for a 76 minimum of 10 years under paragraph (h) does not apply to this 77 subparagraph. 78 (h) The person has previously obtained a court-ordered 79 sealing the criminal history record under s. 943.059, former s. 80 893.14, former s. 901.33, or former s. 943.058 for a minimum of 81 10 years because adjudication was withheld or because all 82 charges related to the arrest or alleged criminal activity to 83 which the petition to expunge pertains were not dismissed before 84 trial, without regard to whether the outcome of the trial was 85 other than an adjudication of guilt. The requirement for the 86 record to have previously been sealed for a minimum of 10 years 87 does not apply if a plea was not entered or all charges related 88 to the arrest or alleged criminal activity to which the petition 89 to expunge pertains were dismissed before trial or a judgment of 90 acquittal was rendered by a judge or a verdict of not guilty was 91 rendered by a judge or jury. 92 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 93 to expunge a criminal history record, a person seeking to 94 expunge a criminal history record must apply to the department 95 for a certificate of eligibility for expunction. The department 96 shall adopt rules to establish procedures for applying for and 97 issuing a certificate of eligibility for expunction. 98 (a) The department shall issue a certificate of eligibility 99 for expunction to a person who is the subject of a criminal 100 history record if that person: 101 1. Satisfies the eligibility criteria in paragraphs (1)(a) 102 (h) and is not ineligible under s. 943.0584. 103 2. Has submitted to the department a written certified 104 statement from the appropriate state attorney or statewide 105 prosecutor which confirms the criminal history record complies 106 with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 107 (c). 108 3. Has submitted to the department a certified copy of the 109 disposition of the charge to which the petition to expunge 110 pertains. 111 4. Remits a $75 processing fee to the department for 112 placement in the Department of Law Enforcement Operating Trust 113 Fund, unless the executive director waives such fee. 114 (3) PETITION.—Each petition to expunge a criminal history 115 record must be accompanied by: 116 (a) A valid certificate of eligibility issued by the 117 department. 118 (b) The petitioner’s sworn statement that he or she: 119 1. Satisfies the eligibility requirements for expunction in 120 subsection (1). 121 2. Is eligible for expunction to the best of his or her 122 knowledge and does not have any other petition to seal or 123 expunge a criminal history record pending before any court. 124 125 A person who knowingly provides false information on such sworn 126 statement commits a felony of the third degree, punishable as 127 provided in s. 775.082, s. 775.083, or s. 775.084. 128 Section 2. This act shall take effect July 1, 2020.