The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 54
INTRODUCER: Senator Rodriguez
SUBJECT: Expunction of Criminal History Records
DATE: December 4, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Favorable
2. FP
I. Summary:
SB 54 amends s. 943.0585, F.S., to permit a person who has had one prior expunction granted
for an offense that was committed when he or she was a minor to have another eligible record
expunged. If the prior expunction was for an offense in which the minor was charged as an adult,
the person is not eligible for a subsequent expunction. This bill also provides that the record is
exempt from the 10 year sealing requirement.
Additionally, this bill specifies that a person is not eligible for expunction if the indictment,
information, or other charging document in the case giving rise to the criminal history record was
dismissed pursuant to s. 916.145, F.S., or s. 985.19, F.S., which provides statutory guidelines for
the dismissal of charges when a defendant is adjudicated incompetent to proceed due to mental
illness.
This bill may generate additional workload and IT costs for the Florida Department of Law
Enforcement (FDLE), which may be offset by revenues from processing fees. See Section V.
Fiscal Impact Statement.
This bill is effective July 1, 2024.
II. Present Situation:
There are multiple types of relief that may be sought in order to seal or expunge a criminal
history record. The public will not have access to a criminal history record that has been sealed
or expunged. Certain government or related entities have access to records even after they are
sealed. Most of the entities who have access to sealed records also have access to see whether a
REVISED: BILL: SB 54 Page 2
person has had an expunction. However, those entities do not have access to the expunged
criminal history record without a court order.
1
Sealing and Expunction of Criminal History Records
A criminal history record includes any non-judicial record maintained by a criminal justice
agency
2
that contains criminal history information.
3
Criminal history information is information
collected by criminal justice agencies and consists of identifiable descriptions of individuals and
notations of arrests, detentions, indictments, informations, other formal criminal charges, and
criminal dispositions.
4
Expunction of a Criminal History Record
A person may have his or her criminal history record expunged under certain circumstances.
5
When a record is expunged, the criminal justice agencies possessing such record must physically
destroy or obliterate it. The FDLE maintains a copy of the record to evaluate subsequent requests
for sealing or expunction, and to recreate the record in the event a court vacates the order to
expunge.
6
The criminal history record retained by the FDLE is confidential and exempt.
7
Once
the record is expunged, a person may lawfully deny or fail to acknowledge the arrests covered by
the expunged record, subject to exceptions.
8
Certificate of Eligibility
Before petitioning a court to expunge a criminal history record, a person must apply to the FDLE
for a certificate of eligibility for expunction. The FDLE must issue a certificate of eligibility for
expunction to a person who is the subject of a criminal history record if that person:
• Is eligible for expunction, as described above;
• Has submitted to the FDLE a written certified statement from the appropriate state attorney
or statewide prosecutor which confirms the criminal history record complies with specified
criteria;
9
• Has submitted to the FDLE a certified copy of the disposition of the charge to which the
petition pertains; and
1
Florida Department of Law Enforcement Frequently Asked Questions, Florida Department of Law Enforcement, available
at http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Frequently-Asked-Questions#Sealed_vs_Expunged (last visited
November 16, 2023).
2
Section 943.045(11), F.S., provides that criminal justice agencies include a court, the Florida Department of Law
Enforcement (FDLE), the Department of Juvenile Justice, components of the Department of Children and Families, other
governmental agencies that administrate criminal justice, and the investigations component of the Department of Financial
Services.
3
Section 943.045(6), F.S.
4
Section 943.045(5), F.S.
5
Sections 943.0581, 943.0582, 943.0583, and 943.0585, F.S.
6
Section 943.045(16), F.S
7
Section 943.0585(6)(a), F.S.
8
Section 943.0585(6), F.S.
9
Section 943.0585(2)(a)2., F.S. Specified criteria include: An indictment, information, or other charging document was not
filed or issued in the case giving rise to the criminal history record; An indictment, information, or other charging document
was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney
or statewide prosecutor, or was dismissed by a court or a judgment of acquittal was rendered, or a verdict of not guilty was
rendered; The person has never been adjudicated guilty or delinquent for committing any felony or specified misdemeanors. BILL: SB 54 Page 3
• Pays a $75 processing fee to the FDLE.
10
A certificate of eligibility for expunction is valid for 12 months after the date stamped on the
certificate when issued by the FDLE.
11
Court Ordered Expunction
A court, in its discretion, may order the expunction of a person’s criminal history record if the
FDLE issues the person a certificate of eligibility for expunction.
12
The FDLE must issue a
certificate of eligibility for court-ordered expunction to a person meeting all criteria.
13
Generally,
a person is eligible for expunction if:
• An indictment, information, or other charging document was not filed or issued in the case
giving rise to the criminal history record.
• An indictment, information, or other changing document was filed or issued in the case
giving rise to the criminal history record, but was dismissed or nolle prosequi by the State,
was dismissed by the court, a judgment of acquittal was rendered, or a verdict of not guilty
was rendered.
• The person is not seeking to expunge a criminal history record relating to a violation of
certain enumerated offenses.
• The person has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
o Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
• The person has not been adjudicated guilty or delinquent for committing any of the acts
stemming from the arrest or alleged criminal activity to which the petition to expunge
pertains.
• The person has never secured a prior sealing or expunction, unless:
o Expunction is sought of a criminal history record previously sealed for at least 10 years;
and
o The record was sealed because adjudication was withheld, or because a judgment of
acquittal or verdict of not guilty was rendered.
14
A criminal history record is not eligible for court-ordered sealing or expunction if it relates to:
• Sexual misconduct (Sections 393.135, 394.4593, and 916.1075, F.S.).
• Illegal use of explosives (Chapter 552, F.S.).
• Terrorism (Section 775.30, F.S).
• Murder (Sections 782.04, 782.065, and 782.09, F.S.).
• Manslaughter or homicide (Sections 782.07, 782.071, and 782.072, F.S.).
• Assault or battery of one family or household member by another family or household
member
15
(Sections 784.011 and 784.03, F.S.).
10
Section 943.0585(2)(a)1.-4., F.S.
11
Section 943.0585(2), F.S.
12
Section 943.0585(4), F.S.
13
Section 943.0585(2), F.S.
14
Section 943.0585(1), F.S.
15
Section 741.28(3), F.S., defines family or household member as spouses, former spouses, persons related by blood or
marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family,
and persons who are parents of a child in common regardless of whether they have been married. With the exception of BILL: SB 54 Page 4
• Aggravated assault (Section 784.021, F.S.).
• Felony battery, domestic battery by strangulation, or aggravated battery (Sections 784.03,
784.041, and 784.045, F.S.).
• Stalking or aggravated stalking (Section 784.048, F.S.).
• Luring or enticing a child (Section 787.025, F.S.).
• Human trafficking (Section 787.06, F.S.).
• Kidnapping or false imprisonment (Sections 787.01 and 787.02, F.S.).
• Sexual battery, unlawful sexual activity with a minor, or female genital mutilation
(Chapter 794, F.S.).
• Procuring a person under the age of 18 for prostitution (Section 796.03, F.S. (2013) (repealed
by ch. 2014-160, s. 10, L.O.F.)).
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years
of age (Section 800.04, F.S.).
• Arson (Section 806.01, F.S.).
• Burglary of a dwelling (Section 810.02, F.S.).
• Voyeurism or video voyeurism (Sections 810.14 and 810.145, F.S.).
• Robbery or robbery by sudden snatching (Sections 812.13 and 812.131, F.S.).
• Carjacking (Section 812.133, F.S.).
• Home invasion robbery (Section 812.135, F.S.).
• A violation of the Florida Communications Fraud Act (Section 817.034, F.S.).
• Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or
disabled adult (Section 825.102, F.S.).
• Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled
person (Section 825.1025, F.S.).
• Child abuse or aggravated child abuse (Section 827.03, F.S).
• Sexual performance by a child (Section 827.071, F.S.).
• Offenses by public officers and employees (Chapter 839, F.S.).
• Certain acts in connection with obscenity (Section 847.0133, F.S.).
• A violation of the Computer Pornography and Child Exploitation Prevention Act
(Section 893.0135, F.S.).
• Selling or buying of minors (Section 847.0145, F.S.).
• Aircraft piracy (Section 860.16, F.S).
• Manufacturing a controlled substance (Chapter 893, F.S.).
• Drug trafficking (Section 893.135, F.S.).
• Any violation specified as a predicate offense for registration as a sexual predator or sexual
offender (Sections 775.21 and 943.0535, F.S.).
16
persons who have a child in common the family or household members must be currently residing or have in the past resided
together in the same single dwelling unit.
16
Section 943.0584, F.S. BILL: SB 54 Page 5
Other types of expunction include: lawful self-defense expunction;
17
human trafficking victim
expunction;
18
automatic juvenile expunction;
19
early juvenile expunction;
20
administrative
expunction;
21
and juvenile diversion program expunction.
22
Sealing of a Criminal History Record
When a criminal history record is sealed, it is preserved so that it is secure and inaccessible to
any person who does not have a legal right to access the record or the information contained
within the record.
23
A court may order a criminal history record sealed,
24
rendering it confidential
and exempt from Florida’s public records laws.
25
Only the following entities may access a sealed
criminal history record:
• The subject of the record;
• His or her attorney;
• Criminal justice agencies for criminal justice purposes;
• Judges in the state courts system for assisting in their case-related decision-making
responsibilities; and
• Certain enumerated entities
26
for licensing, access authorization, and employment purposes.
27
Certificate of Eligibility
To seal a record, a person must first apply to the FDLE for a certificate of eligibility, which the
FDLE must issue to a person who:
• Has submitted a certified copy of the charge disposition he or she seeks to seal;
• Is not seeking to seal a criminal history record relating to a violation of certain enumerated
offenses;
• Has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
o Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
• Has not been adjudicated guilty or delinquent for committing any of the acts stemming from
the arrest or alleged criminal activity to which the petition to seal pertains;
• Has never secured a prior sealing or expunction;
17
Section 943.0578, F.S.
18
Section 943.0583, F.S.
19
Section 943.0515(1)(b)1., F.S.
20
Section 943.0515(1)(b)2., F.S.
21
Section 943.0581, F.S.
22
Section 943.0582, F.S.
23
Section 943.045(19), F.S.
24
Section 943.059, F.S.
25
Sections 943.059(6) and 119.07(1), F.S.; Art. I, s. 24(a), Fla. Const.
26
Section 943.059(6)(b), F.S., provides that enumerated entities include criminal justice agencies, The Florida Bar, the
Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the
Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department
of Elderly Affairs, the Department of Juvenile Justice, the Department of Education, a district school board, a university
laboratory school, a charter school, a private or parochial school, a local governmental entity that licenses child care facilities,
the Division of Insurance Agent and Agency Services within the Department of Financial Services, and the Bureau of
License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services.
27
Sections 943.059(6)(a), F.S. BILL: SB 54 Page 6
• Is no longer under court supervision related to the disposition of the arrest or alleged criminal
activity to which the petition to seal pertains; and
• Pays a $75 processing fee to the FDLE.
28
Court Ordered Sealing
Upon receiving a certificate of eligibility from the FDLE, a person must petition the court to seal
the record.
29
A complete petition contains both a valid certificate of eligibility, issued within the
previous 12 months, and a sworn statement from the petitioner attesting to his or her eligibility.
30
It is solely within the court’s discretion to grant or deny a petition to seal.
31
Upon sealing of a criminal history record, the subject of the record may lawfully deny or fail to
acknowledge the arrests covered by the sealed record, with exceptions for certain state
employment positions, professional licensing purposes, purchasing a firearm, applying for a
concealed weapons permit, seeking expunction, or if the subject is a defendant in a criminal
prosecution.
32
Dismissal Incompetence to Proceed Due to Mental Illness
Section 916.145, F.S., provides that the charges against a defendant who has been adjudicated
incompetent to proceed due to mental illness must be dismissed without prejudice to the state if
the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such
determination, unless the court in its order specifies:
• Its reason for believing that the defendant will become competent to proceed within the
foreseeable future; and
• The time within which the defendant is expected to become competent to proceed.
The court may dismiss charges against a defendant who has been adjudicated incompetent to
proceed due to mental illness 3 years after such determination, unless the charge is for a
specified offense.
33
The state may refile any charge that was dismissed pursuant to s. 916.145, F.S.
28
Section 943.059(2), F.S.
29
Section 943.059(3), F.S
30
Section 943.059(2)(b), F.S.
31
Section 943.059, F.S.
32
Sections 943.059(6)(b), F.S.
33
Section 916.145(1)(a)-(u), F.S.; Specified offenses include: arson; sexual battery; robbery; kidnapping; aggravated child
abuse; aggravated abuse of an elderly person or disabled adult; aggravated assault with a deadly weapon; murder;
manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; unlawful
throwing, projecting, placing, or discharging of a destructive device or bomb; armed burglary; aggravated battery; aggravated
stalking; a forcible felony as defined in s. 776.08, F.S.; an offense where an element of the offense requires the possession,
use, or discharge of a firearm; an attempt to commit any offense listed herein; an offense allegedly committed by a defendant
who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the
nonviolent felony sought to be dismissed; an offense allegedly committed by a defendant who, after having been found
incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the
Office of the Statewide Prosecutor with a new felony offense; or an offense for which there is an identifiable victim and such
victim has not consented to the dismissal. BILL: SB 54 Page 7
Section 985.19, F.S., provides the process for a finding of incompetency in juvenile delinquency
cases. The court retains jurisdiction for up to two years after a child is found incompetent. If the
court determines at any time that the child will never become competent to proceed, the court
may dismiss the delinquency petition. The court must dismiss a delinquency petition if, after the
two years following the order of incompetency, the child has not attained competency and there
is no evidence that the child will attain competency within a year.
34
III. Effect of Proposed Changes:
The bill amends s. 943.0585, F.S., to permit a person who has had one prior expunction granted
for an offense that was committed when he or she was a minor to have another eligible record
expunged. If the prior expunction was for an offense in which the minor was charged as an adult,
the person is not eligible for a subsequent expunction. This bill also provides that the record is
exempt from the 10 year sealing requirement.
Additionally, this bill specifies that a person is not eligible for expunction if the indictment,
information, or other charging document in the case giving rise to the criminal history record was
dismissed pursuant to s. 916.145 F.S., or s. 985.19, F.S., which provides statutory guidelines for
the dismissal of charges when a defendant is adjudicated incompetent to proceed due to mental
illness.
This bill is effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
34
Section 985.19(5), F.S. BILL: SB 54 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
As of August 31, 2023, the Computerized Criminal History (CCH) repository contains
243,474 unique individuals with 348,497 criminal history events (totaling 471,868
charges) that occurred while they were under the age of 18 and treated as juveniles and
were not adjudicated delinquent, received an adjudication withheld, or adjudicated guilty.
These individuals also did not have an adjudication of guilt anywhere on their criminal
history record maintained within the CCH repository.
35
The above totals do not take into account individuals whose qualifying charge does not
appear on their CCH record maintained in the repository. Charges are outside of CCH
due to the individual not being fingerprinted for the event (typically being issued a notice
to appear). As such, there is not a means of quantifying the additional number of
individuals who may be eligible. Due to the added workload and complexity of the
research required, the FDLE reports it will need 2 FTE Criminal Justice Information
Analyst II, totaling $139,530 in recurring and $9,364 in nonrecurring.
36
There are approximately 3,306 criminal history records in the CCH repository for
juvenile offenses that have been granted relief through a court-ordered expunction under
s. 943.0585, F.S. This number does not account for those charges that are not maintained
within CCH due to CCH only retaining fingerprint-based offenses. Those individuals
would now be potentially eligible to receive additional relief for an adult charge under
s. 943.0585, F.S.
37
The FDLE estimates that if programmatic changes are required, the analysis, design,
programming and testing will total approximately $35,000 (non-recurring) and an
estimated 5 weeks to complete.
38
TOTAL FISCAL AS REPORTED BY THE FDLE: $183,894 ($44,364 non-recurring).
VI. Technical Deficiencies:
None.
35
Florida Department of Law Enforcement, 2024 Agency Analysis of HB 97 (October 10, 2023).
36
Id.
37
Id. at page 4.
38
Id. BILL: SB 54 Page 9
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 943.0585 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.