HB 605 2023
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hb0605-00
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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
A bill to be entitled 1
An act relating to expunction of criminal history 2
records; reenacting and amending s. 943.0585, F.S.; 3
revising an eligibility criterion under which a person 4
is eligible to petition a court to expunge a criminal 5
history record if an indictment, information, or other 6
charging document was dismissed by a court; expanding 7
an exception to an eligibility requirement for 8
expunction of a criminal history record to all ow a 9
prior expunction of a criminal history record granted 10
for an offense committed when the person was a minor; 11
providing applicability; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraphs (b) and (g) of subsection (1) of 16
section 943.0585, Florida Statutes, are amended, and paragraph 17
(a) of subsection (2) and subsection (3) of that section are 18
reenacted, to read: 19
943.0585 Court-ordered expunction of criminal history 20
records.— 21
(1) ELIGIBILITY.—A person is eligible to petition a court 22
to expunge a criminal history record if: 23
(b) An indictment, information, or other charging document 24
was filed or issued in the case giving rise to the criminal 25
HB 605 2023
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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
history record, was dismissed or nolle prosequ i by the state 26
attorney or statewide prosecutor, or was dismissed by a court of 27
competent jurisdiction or a judgment of acquittal was rendered 28
by a judge, or a verdict of not guilty was rendered by a judge 29
or jury. 30
(g) The person has never secured a prio r sealing or 31
expunction of a criminal history record under this section, s. 32
943.059, former s. 893.14, former s. 901.33, or former s. 33
943.058, unless: 34
1. Expunction is sought of a criminal history record 35
previously sealed for 10 years pursuant to paragra ph (h) and the 36
record is otherwise eligible for expunction ; or 37
2. The prior expunction was granted for a criminal history 38
record for an offense that was committed when he or she was a 39
minor and the record is otherwise eligible for expunction. This 40
subparagraph does not apply if the prior expunction was for an 41
offense in which the minor was charged as an adult. The 42
requirement for the record to have previously been sealed for a 43
minimum of 10 years under paragraph (h) does not apply to this 44
subparagraph. 45
(2) CERTIFICATE OF ELIGIBILITY. —Before petitioning a court 46
to expunge a criminal history record, a person seeking to 47
expunge a criminal history record must apply to the department 48
for a certificate of eligibility for expunction. The department 49
shall adopt rules to establish procedures for applying for and 50
HB 605 2023
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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
issuing a certificate of eligibility for expunction. 51
(a) The department shall issue a certificate of 52
eligibility for expunction to a person who is the subject of a 53
criminal history record if that person: 54
1. Satisfies the eligibility criteria in paragraphs 55
(1)(a)-(h) and is not ineligible under s. 943.0584. 56
2. Has submitted to the department a written certified 57
statement from the appropriate state attorney or statewide 58
prosecutor which confirms the cri minal history record complies 59
with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 60
(c). 61
3. Has submitted to the department a certified copy of the 62
disposition of the charge to which the petition to expunge 63
pertains. 64
4. Remits a $75 processing fee to the department for 65
placement in the Department of Law Enforcement Operating Trust 66
Fund, unless the executive director waives such fee. 67
(3) PETITION.—Each petition to expunge a criminal history 68
record must be accompanied by: 69
(a) A valid certificate of eligibility issued by the 70
department. 71
(b) The petitioner's sworn statement that he or she: 72
1. Satisfies the eligibility requirements for expunction 73
in subsection (1). 74
2. Is eligible for expunction to the best of his or her 75
HB 605 2023
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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
knowledge and does not have any other petition to seal or 76
expunge a criminal history record pending before any court. 77
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A person who knowingly provides false information on such sworn 79
statement commits a felony of the third degree, punishable as 80
provided in s. 775.082, s. 775.083, or s. 775.084. 81
Section 2. This act shall take effect July 1, 2023. 82