Florida 2022 Regular Session

Florida House Bill H1481 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to expungement of juvenile criminal 2
16	16	records; providing a short title; creating s. 3
17	17	943.0517, F.S.; providing for expunction of criminal 4
18	18	history records for certain offenses committed by 5
19	19	juveniles; providing requirements; providing 6
20	20	procedures; providing for effect of expunction; 7
21	21	amending s. 943.053, F.S.; conforming provisions to 8
22	22	changes made by the act; providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of the State of Florida: 11
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26	26	Section 1. This act may be cited as the "Second Chance 13
27	27	Act." 14
28	28	Section 2. Section 943.0517, Florida Statutes, is created 15
29	29	to read: 16
30	30	943.0517 Expunction of records for offenders under the age 17
31	31	of 18 at the time of commission of certain offenses upon 18
32	32	completion of the sentence. — 19
33	33	(1) A person or the state attorney may file, with the 20
34	34	circuit court of the county where the person was convicted, a 21
35	35	petition for expunction of the person's criminal record of any 22
36	36	misdemeanor or third degree felony not excluded by subsection 23
37	37	(2) if the offense was committed and while the person was less 24
38	38	than 18 years of age, but at least 16 years of age. The petition 25
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47	47	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	51	may not be filed until all active sentences, periods of 26
52	52	probation, and postrelease supervisions ordered for the offense 27
53	53	have been served. 28
54	54	(2) An offense is not eligible for expunction under this 29
55	55	section if it is an offense listed under s. 775.21(4)(a)1. or s. 30
56	56	943.0435(1)(h)1.a.(I)., whether or not the person is curren tly 31
57	57	required to register under s. 775.21(4)(a)1. or s. 32
58	58	943.0435(1)(h)1.a.(I). 33
59	59	(3) If the petition was not filed by the state attorney, 34
60	60	the petition shall be served upon the state attorney of the 35
61	61	court wherein the case was tried resulting in conviction. T he 36
62	62	state attorney may, within 30 days after service is provided, 37
63	63	file any objection to the petition and shall be duly notified as 38
64	64	to the date of the hearing of the petition. If there are 39
65	65	victims, the state attorney shall make his or her best efforts 40
66	66	to contact the person, to notify him or her of the request for 41
67	67	expunction before the date of the hearing. Upon request by the 42
68	68	victim, he or she has a right to be present at any hearing on 43
69	69	the petition for expunction and the victim's views and concerns 44
70	70	shall be considered by the court at such hearing. 45
71	71	(4) If the court, after the hearing, finds: 46
72	72	(a) The offense was a misdemeanor or felony eligible for 47
73	73	expunction under this section; 48
74	74	(b) The offense was committed while the person was less 49
75	75	than 18 years of age, but at least 16 years of age; and 50
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84	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	88	(c) All active sentences, periods of probation, and 51
89	89	postrelease supervisions ordered for the offense were completed 52
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91	91	the court shall order that the person be restored, in the 54
92	92	contemplation of the law, to the status the person occupied 55
93	93	before such arrest or indictment or information, and that the 56
94	94	record be expunged from the records of the court. A person 57
95	95	convicted of multiple offenses is eligible to have those 58
96	96	convictions expunged pursuant to this section. 59
97	97	(5) Any petition for expunction under this section shall 60
98	98	be on a form approved by the Office of State Courts 61
99	99	Administrator and shall be filed with the clerk of circuit court 62
100	100	in the county where the person was convicted. Upon order of 63
101	101	expunction, the clerk shall fo rward the order to the department. 64
102	102	(6)(a) Any criminal history record which is ordered 65
103	103	expunged by a court of competent jurisdiction pursuant to this 66
104	104	section must be physically destroyed or obliterated by the 67
105	105	criminal justice agency having custody of suc h record, except 68
106	106	that any criminal history record in the custody of the 69
107	107	department must be retained in all cases. 70
108	108	(b) The person who is the subject of a criminal history 71
109	109	record that is expunged under this section may lawfully deny or 72
110	110	fail to acknowledge the arrests covered by the expunged record, 73
111	111	except when he or she: 74
112	112	1. Is a candidate for employment with a criminal justice 75
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121	121	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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125	125	agency; 76
126	126	2. Is a defendant in a criminal prosecution; 77
127	127	3. Concurrently or subsequently petitions for relief under 78
128	128	this section, s. 943.0583, or s. 943.059; 79
129	129	4. Is a candidate for admission to The Florida Bar; 80
130	130	5. Is seeking to be employed or licensed by or to contract 81
131	131	with the Department of Children and Families, the Division of 82
132	132	Vocational Rehabilitation within the Department of Education, 83
133	133	the Agency for Health Care Administration, the Agency for 84
134	134	Persons with Disabilities, the Department of Health, the 85
135	135	Department of Elderly Affairs, or the Department of Juvenile 86
136	136	Justice or to be employed or used by such contractor or licensee 87
137	137	in a sensitive position having direct contact with children, the 88
138	138	disabled, or the elderly; 89
139	139	6. Is seeking to be employed or licensed by the Department 90
140	140	of Education, any state school board, any university laboratory 91
141	141	school, any charter school, any private or p arochial school, or 92
142	142	any local governmental entity that licenses child care 93
143	143	facilities; 94
144	144	7. Is seeking to be licensed by the Division of Insurance 95
145	145	Agent and Agency Services within the Department of Financial 96
146	146	Services; or 97
147	147	8. Is seeking to be appointed as a guardian pursuant to s. 98
148	148	744.3125. 99
149	149	(c) Subject to the exceptions in paragraph (b), a person 100
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158	158	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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162	162	who has been granted an expunction under this section may not be 101
163	163	held under any provision of general law of this state to commit 102
164	164	perjury or to be otherwise liabl e for giving a false statement 103
165	165	by reason of such person's failure to recite or acknowledge an 104
166	166	expunged criminal history record. 105
167	167	Section 3. Paragraph (c) of subsection (3) of section 106
168	168	943.053, Florida Statutes, is amended to read: 107
169	169	943.053 Dissemination of criminal justice information; 108
170	170	fees.— 109
171	171	(3) 110
172	172	(c)1. Criminal history information relating to juveniles, 111
173	173	including criminal history information consisting in whole or in 112
174	174	part of information that is confidential and exempt under 113
175	175	paragraph (b), shall be ava ilable to: 114
176	176	a. A criminal justice agency for criminal justice purposes 115
177	177	on a priority basis and free of charge; 116
178	178	b. The person to whom the record relates, or his or her 117
179	179	attorney; 118
180	180	c. The parent, guardian, or legal custodian of the person 119
181	181	to whom the record relates, provided such person has not reached 120
182	182	the age of majority, been emancipated by a court, or been 121
183	183	legally married; or 122
184	184	d. An agency or entity specified in s. 943.0517(6), s. 123
185	185	943.0585(6), or s. 943.059(6), for the purposes specified 124
186	186	therein, and to any person within such agency or entity who has 125
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199	199	direct responsibility for employment, access authorization, or 126
200	200	licensure decisions. 127
201	201	2. After providing the program with all known personal 128
202	202	identifying information, the criminal history information 129
203	203	relating to a juvenile which is not confidential and exempt 130
204	204	under this subsection may be released to the private sector and 131
205	205	noncriminal justice agencies not specified in s. 943.0517(6), s. 132
206	206	943.0585(6), or s. 943.059(6) in the same manner as provided in 133
207	207	paragraph (a). Criminal history information relating to a 134
208	208	juvenile which is not confidential and exempt under this 135
209	209	subsection is the entire criminal history information relating 136
210	210	to a juvenile who satisfies any of the criteria listed in 137
211	211	subparagraphs (b)1.-4., except for any portion of such 138
212	212	juvenile's criminal history record which has been expunged or 139
213	213	sealed under any law applicable to such record. 140
214	214	3. All criminal history information relating to juveniles, 141
215	215	other than that provided to criminal justice agencies for 142
216	216	criminal justice purposes, shall be provided upon tender of fees 143
217	217	as established in this subsection and in the manner prescribed 144
218	218	by rule of the Department of Law Enforcement. 145
219	219	Section 4. This act shall take effect July 1, 2022. 146