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FL S0644
Bill
AI Summary
- Allows a person arrested but not charged to petition law enforcement to destroy arrest records if determined to be factually innocent, with 60-day response deadline or petition is deemed denied
- Requires law enforcement agencies and the Department of Law Enforcement to seal arrest records for 3 years, then destroy them, and notify all agencies possessing copies
- Establishes court hearing procedures with burden of proof initially on the person claiming innocence; burden shifts to state if court finds no reasonable cause to believe petitioner committed offense
- Permits persons to seek factual innocence findings and record destruction in cases where charges were dismissed or person acquitted, with relief granted if court finds no reasonable cause existed
- Restricts record destruction if arrested person or codefendant filed civil action against officer or agency, and permits sealed records to be opened in civil proceedings upon showing good cause
- Limits petitions to 2 years after arrest or accusatory pleading, with exception allowing petitions filed by January 1, 2013 for arrests or pleadings from January 1, 2007 or earlier
- Effective July 1, 2012
Legislative Description
Sealing and Destroying Certain Criminal Records
Last Action
Died in Criminal Justice
3/9/2012
Committee Referrals
Criminal Justice11/18/2011
Judiciary11/16/2011
Full Bill Text
No bill text available