Florida 2024 Regular Session

Florida House Bill H0097 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 expunction of criminal history 2
16	16	records; reenacting and amending s. 943.0585, F.S.; 3
17	17	revising an eligibility criterion under which a person 4
18	18	is eligible to petition a court to expunge a criminal 5
19	19	history record if an indictment, information, or other 6
20	20	charging document was dismissed by a court; expanding 7
21	21	an exception to an eligibility requirement for 8
22	22	expunction of a criminal history record to allow a 9
23	23	prior expunction of a criminal history record granted 10
24	24	for an offense committed when the person was a minor; 11
25	25	providing applicability; providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Paragraphs (b ) and (g) of subsection (1) of 16
30	30	section 943.0585, Florida Statutes, are amended, and paragraph 17
31	31	(a) of subsection (2) and subsection (3) of that section are 18
32	32	reenacted, to read: 19
33	33	943.0585 Court-ordered expunction of criminal history 20
34	34	records.— 21
35	35	(1) ELIGIBILITY.—A person is eligible to petition a court 22
36	36	to expunge a criminal history record if: 23
37	37	(b) An indictment, information, or other charging document 24
38	38	was filed or issued in the case giving rise to the criminal 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	history record, was dismissed or nolle prosequi b y the state 26
52	52	attorney or statewide prosecutor, or was dismissed by a court of 27
53	53	competent jurisdiction , unless such dismissal was pursuant to s. 28
54	54	916.145 or s. 985.19, or a judgment of acquittal was rendered by 29
55	55	a judge, or a verdict of not guilty was rendered by a judge or 30
56	56	jury. 31
57	57	(g) The person has never secured a prior sealing or 32
58	58	expunction of a criminal history record under this section, s. 33
59	59	943.059, former s. 893.14, former s. 901.33, or former s. 34
60	60	943.058, unless: 35
61	61	1. Expunction is sought of a criminal hist ory record 36
62	62	previously sealed for 10 years pursuant to paragraph (h) and the 37
63	63	record is otherwise eligible for expunction ; or 38
64	64	2. One prior expunction was granted for a criminal history 39
65	65	record for an offense that was committed when he or she was a 40
66	66	minor and the record is otherwise eligible for expunction. This 41
67	67	subparagraph does not apply if the prior expunction was for an 42
68	68	offense in which the minor was charged as an adult. The 43
69	69	requirement for the record to have previously been sealed for a 44
70	70	minimum of 10 years under paragraph (h) does not apply to this 45
71	71	subparagraph. 46
72	72	(2) CERTIFICATE OF ELIGIBILITY. —Before petitioning a court 47
73	73	to expunge a criminal history record, a person seeking to 48
74	74	expunge a criminal history record must apply to the department 49
75	75	for a certificate of eligibility for expunction. The department 50
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77	77	HB 97 2024
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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	shall adopt rules to establish procedures for applying for and 51
89	89	issuing a certificate of eligibility for expunction. 52
90	90	(a) The department shall issue a certificate of 53
91	91	eligibility for expunction to a person wh o is the subject of a 54
92	92	criminal history record if that person: 55
93	93	1. Satisfies the eligibility criteria in paragraphs 56
94	94	(1)(a)-(h) and is not ineligible under s. 943.0584. 57
95	95	2. Has submitted to the department a written certified 58
96	96	statement from the appropriate state attorney or statewide 59
97	97	prosecutor which confirms the criminal history record complies 60
98	98	with the criteria in paragraph (1)(a) or paragraphs (1)(b) and 61
99	99	(c). 62
100	100	3. Has submitted to the department a certified copy of the 63
101	101	disposition of the charge to which t he petition to expunge 64
102	102	pertains. 65
103	103	4. Remits a $75 processing fee to the department for 66
104	104	placement in the Department of Law Enforcement Operating Trust 67
105	105	Fund, unless the executive director waives such fee. 68
106	106	(3) PETITION.—Each petition to expunge a criminal history 69
107	107	record must be accompanied by: 70
108	108	(a) A valid certificate of eligibility issued by the 71
109	109	department. 72
110	110	(b) The petitioner's sworn statement that he or she: 73
111	111	1. Satisfies the eligibility requirements for expunction 74
112	112	in subsection (1). 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	2. Is eligible for expunction to the best of his or her 76
126	126	knowledge and does not have any other petition to seal or 77
127	127	expunge a criminal history record pending before any court. 78
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129	129	A person who knowingly provides false information on such sworn 80
130	130	statement commits a felony of th e third degree, punishable as 81
131	131	provided in s. 775.082, s. 775.083, or s. 775.084. 82
132	132	Section 2. This act shall take effect July 1, 2024. 83