FL
Florida House Bill H1259

Florida 2022 Regular Session

Florida House Bill H1259 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to automatic sealing of criminal 2
16-history records; amending s. 943.0595, F.S.; requiring 3
17-the court to automatically seal certain criminal 4
18-history records; specifying the effect of automatic 5
19-sealing of a criminal history record by a court; 6
20-providing an effective date. 7
21- 8
22-Be It Enacted by the Legislature of the State of Florida: 9
15+An act relating to criminal records; amending s. 2
16+943.059, F.S.; providing that a court may grant the 3
17+sealing of a criminal record based on the sealing of a 4
18+criminal record sealed by the Department of Law 5
19+Enforcement under certain circumstances; requiring the 6
20+Department of Law Enforcement to issue a certificate 7
21+of eligibility under certain circumstances; providing 8
22+an effective date. 9
2323 10
24- Section 1. Subsections (2) and (3) of section 943.0595, 11
25-Florida Statutes, are amended to read: 12
26- 943.0595 Automatic sealing of criminal history records. — 13
27- (2) ELIGIBILITY.— 14
28- (a) The department and the court shall automatically seal 15
29-a criminal history record that does not result from an 16
30-indictment, information, or other charging document for a 17
31-forcible felony as defined in s. 776.08 or for an offense 18
32-enumerated in s. 943.0435(1)(h)1.a.(I), if: 19
33- 1. An indictment, information, or other charging document 20
34-was not filed or issued in the case giving rise to the crimin al 21
35-history record. 22
36- 2. An indictment, information, or other charging document 23
37-was filed in the case giving rise to the criminal history 24
38-record, but was dismissed or nolle prosequi by the state 25
24+Be It Enacted by the L egislature of the State of Florida: 11
25+ 12
26+ Section 1. Paragraph (f) is added to subsection (1) of 13
27+section 943.059, Florida Statutes, to read: 14
28+ 943.059 Court-ordered sealing of criminal history 15
29+records.— 16
30+ (1) ELIGIBILITY.—A person is eligible to petition a court 17
31+to seal a criminal history record when: 18
32+ (f) The criminal history record was automatically sealed 19
33+pursuant to s. 943.0595 and the subject of the sealed record 20
34+presents proof of the sealing by the department to the court. 21
35+The court may grant the seal ing of a criminal history record 22
36+that was sealed by the department pursuant to s. 943.0595 at any 23
37+time and without limitation based on any prior sealing of a 24
38+subject's criminal records. The department shall issue a 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-attorney or statewide prosecutor or was dismissed by a court o f 26
52-competent jurisdiction. However, a person is not eligible for 27
53-automatic sealing under this section if the dismissal was 28
54-pursuant to s. 916.145 or s. 985.19. 29
55- 3. A not guilty verdict was rendered by a judge or jury. 30
56-However, a person is not eligible for automatic sealing under 31
57-this section if the defendant was found not guilty by reason of 32
58-insanity. 33
59- 4. A judgment of acquittal was rendered by a judge. 34
60- (b) There is no limitation on the number of times a person 35
61-may obtain an automatic sealing for a crimi nal history record 36
62-described in paragraph (a). 37
63- (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING. — 38
64- (a) Upon the disposition of a criminal case resulting in a 39
65-criminal history record eligible for automatic sealing under 40
66-paragraph (2)(a), the clerk of the court shall seal the criminal 41
67-history record and shall transmit a certified copy of the 42
68-disposition of the criminal history record to the department, 43
69-which shall seal the criminal history record upon receipt of the 44
70-certified copy. 45
71- (b) Automatic sealing o f a criminal history record does 46
72-not require sealing by the court or other criminal justice 47
73-agencies, or that such record be surrendered to the court, and 48
74-such record shall continue to be maintained by the department 49
75-and other criminal justice agencies. 50
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84-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- (c) Except as provided in this section, automatic sealing 51
89-of a criminal history record shall have the same effect, and the 52
90-court and the department may disclose such a record in the same 53
91-manner, as a record sealed under s. 943.059. 54
92- Section 2. This act shall take effect July 1, 2022. 55
51+certificate of eligibility for sealing up on request to a person 26
52+who is the subject of a criminal history record sealed by the 27
53+department pursuant to s. 943.0595. 28
54+ Section 2. This act shall take effect July 1, 2022. 29