CS/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
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 allow 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
CS/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 prosequi b y the state 26
attorney or statewide prosecutor, or was dismissed by a court of 27
competent jurisdiction , unless such dismissal was pursuant to s. 28
916.145 or s. 985.19, or a judgment of acquittal was rendered by 29
a judge, or a verdict of not guilty was rendered by a judge or 30
jury. 31
(g) The person has never secured a prior sealing or 32
expunction of a criminal history record under this section, s. 33
943.059, former s. 893.14, former s. 901.33, or former s. 34
943.058, unless: 35
1. Expunction is sought of a criminal hist ory record 36
previously sealed for 10 years pursuant to paragraph (h) and the 37
record is otherwise eligible for expunction ; or 38
2. The prior expunction was granted for a criminal history 39
record for an offense that was committed when he or she was a 40
minor and the record is otherwise eligible for expunction. This 41
subparagraph does not apply if the prior expunction was for an 42
offense in which the minor was charged as an adult. The 43
requirement for the record to have previously been sealed for a 44
minimum of 10 years under paragraph (h) does not apply to this 45
subparagraph. 46
(2) CERTIFICATE OF ELIGIBILITY. —Before petitioning a court 47
to expunge a criminal history record, a person seeking to 48
expunge a criminal history record must apply to the department 49
for a certificate of eligibility for expunction. The department 50
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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
shall adopt rules to establish procedures for applying for and 51
issuing a certificate of eligibility for expunction. 52
(a) The department shall issue a certificate of 53
eligibility for expunction to a person wh o is the subject of a 54
criminal history record if that person: 55
1. Satisfies the eligibility criteria in paragraphs 56
(1)(a)-(h) and is not ineligible under s. 943.0584. 57
2. Has submitted to the department a written certified 58
statement from the appropriate state attorney or statewide 59
prosecutor which confirms the criminal history record complies 60
with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 61
(c). 62
3. Has submitted to the department a certified copy of the 63
disposition of the charge to which t he petition to expunge 64
pertains. 65
4. Remits a $75 processing fee to the department for 66
placement in the Department of Law Enforcement Operating Trust 67
Fund, unless the executive director waives such fee. 68
(3) PETITION.—Each petition to expunge a criminal history 69
record must be accompanied by: 70
(a) A valid certificate of eligibility issued by the 71
department. 72
(b) The petitioner's sworn statement that he or she: 73
1. Satisfies the eligibility requirements for expunction 74
in subsection (1). 75
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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
2. Is eligible for expunction to the best of his or her 76
knowledge and does not have any other petition to seal or 77
expunge a criminal history record pending before any court. 78
79
A person who knowingly provides false information on such sworn 80
statement commits a felony of th e third degree, punishable as 81
provided in s. 775.082, s. 775.083, or s. 775.084. 82
Section 2. This act shall take effect July 1, 2023. 83