Florida Senate - 2025 CS for SB 1000
By the Committee on Criminal Justice; and Senator Simon
591-03149-25 20251000c1
1 A bill to be entitled
2 An act relating to court-ordered sealing of criminal
3 history records; amending s. 943.059, F.S.; revising
4 eligibility requirements for the court-ordered sealing
5 of certain criminal history records; authorizing
6 courts to seal additional adjudications of guilt in
7 certain circumstances; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1), paragraph (c) of subsection (4),
12 and paragraph (b) of subsection (6) of section 943.059, Florida
13 Statutes, are amended to read:
14 943.059 Court-ordered sealing of criminal history records.—
15 (1) ELIGIBILITY.—A person is eligible to petition a court
16 to seal a criminal history record when:
17 (a) The criminal history record is not ineligible for
18 court-ordered sealing under s. 943.0584.
19 (b) The criminal history record is:
20 1. Not related to an offense for which the person was
21 adjudicated guilty of, or adjudicated delinquent for committing,
22 any of the acts stemming from the arrest or alleged criminal
23 activity to which the petition to seal pertains; or
24 2. Related to a misdemeanor offense for which the person
25 was adjudicated guilty if the misdemeanor offense was not a
26 violent offense; a misdemeanor crime of domestic violence as
27 defined in s. 741.28; or a misdemeanor violation of s. 316.193,
28 s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s.
29 784.0487, s. 784.049, s. 800.02, or s. 800.03.
30 (c)(b) The person has never, before the date the
31 application for a certificate of eligibility is filed, been
32 adjudicated guilty in this state of a criminal offense other
33 than an offense eligible for sealing under subparagraph (b)2.,
34 or been adjudicated delinquent in this state for committing any
35 felony or any of the following misdemeanor offenses, unless the
36 record of such adjudication of delinquency has been expunged
37 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(2);
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 by a minor, as defined
50 in s. 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 (c) 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 to seal pertains.
60 (d) The person is no longer serving the sentence or under
61 court supervision applicable to any the disposition of arrest or
62 alleged criminal activity to which the petition to seal
63 pertains.
64 (e) The person has not on more than two occasions never
65 secured a prior sealing or expunction of a criminal history
66 record under this section, s. 943.0585, former s. 893.14, former
67 s. 901.33, or former s. 943.058. In addition, if the criminal
68 history record is one for which the person was adjudicated
69 guilty, the person has not secured a prior sealing of a criminal
70 history record for which the person was adjudicated guilty.
71 (4) COURT AUTHORITY.—
72 (c) The court may order the sealing of a criminal history
73 record pertaining to one arrest, adjudication of guilt, or one
74 incident of alleged criminal activity only, except the court may
75 order the sealing of a criminal history record pertaining to
76 more than one arrest or adjudication of guilt if the additional
77 arrests or adjudications of guilt directly relate to the
78 original arrest or adjudication of guilt. If the court intends
79 to order the sealing of records pertaining to such additional
80 arrests or adjudications of guilt, such intent must be specified
81 in the order. A criminal justice agency may not seal any record
82 pertaining to such additional arrests or adjudications of guilt
83 if the order to seal does not articulate the intention of the
84 court to seal a record pertaining to more than one arrest or
85 adjudication of guilt. This section does not prevent the court
86 from ordering the sealing of only a portion of a criminal
87 history record pertaining to one arrest, adjudication of guilt,
88 or one incident of alleged criminal activity.
89 (6) EFFECT OF ORDER.—
90 (b) The subject of the criminal history record sealed under
91 this section or under other provisions of law, including former
92 ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to
93 acknowledge the arrests or adjudications of guilt covered by the
94 sealed record, except when the subject of the record:
95 1. Is a candidate for employment with a criminal justice
96 agency;
97 2. Is a defendant in a criminal prosecution;
98 3. Concurrently or subsequently petitions for relief under
99 this section, s. 943.0583, or s. 943.0585;
100 4. Is a candidate for admission to The Florida Bar;
101 5. Is seeking to be employed or licensed by or to contract
102 with the Department of Children and Families, the Division of
103 Vocational Rehabilitation within the Department of Education,
104 the Agency for Health Care Administration, the Agency for
105 Persons with Disabilities, the Department of Health, the
106 Department of Elderly Affairs, or the Department of Juvenile
107 Justice or to be employed or used by such contractor or licensee
108 in a sensitive position having direct contact with children, the
109 disabled, or the elderly;
110 6.a. Is seeking to be employed or licensed by, or contract
111 with, the Department of Education, a district unit under s.
112 1001.30, a special district unit under s. 1011.24, the Florida
113 School for the Deaf and the Blind under s. 1002.36, the Florida
114 Virtual School under s. 1002.37, a virtual instruction program
115 under s. 1002.45, a charter school under s. 1002.33, a hope
116 operator under s. 1002.333, an alternative school under s.
117 1008.341, a private or parochial school, or a local governmental
118 entity that licenses child care facilities;
119 b. Is seeking to be employed or used by a contractor or
120 licensee under sub-subparagraph a.; or
121 c. Is a person screened under s. 1012.467;
122 7. Is attempting to purchase a firearm from a licensed
123 importer, licensed manufacturer, or licensed dealer and is
124 subject to a criminal history check under state or federal law;
125 8. Is seeking to be licensed by the Division of Insurance
126 Agent and Agency Services within the Department of Financial
127 Services;
128 9. Is seeking to be appointed as a guardian pursuant to s.
129 744.3125; or
130 10. Is seeking to be licensed by the Bureau of License
131 Issuance of the Division of Licensing within the Department of
132 Agriculture and Consumer Services to carry a concealed weapon or
133 concealed firearm. This subparagraph applies only in the
134 determination of an applicant’s eligibility under s. 790.06.
135 Section 2. This act shall take effect July 1, 2025.