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FL S0488

Bill

Status

Failed

5/1/2015

Primary Sponsor

Criminal Justice

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Reduces the retention period for minor offenders' criminal history records from 5 years to 2 years after reaching age 19, at which point records must be expunged unless they meet certain criteria.

  • Creates a nonjudicial expunction process through the Department of Law Enforcement for cases where charges were not filed, dismissed, resulted in acquittal, or involved lawful self-defense; requires $75 processing fee and certified statement from state attorney.

  • Establishes a nonjudicial sealing process for guilty pleas or convictions of nonviolent misdemeanors and other specified offenses; allows individuals to deny or fail to acknowledge sealed arrests except in limited circumstances (criminal justice employment, ongoing prosecution, specific government positions).

  • Restructures court-ordered expunction by requiring applicants to first obtain a certificate of eligibility from the Department of Law Enforcement, then petition the court; limits court-ordered expunction to one record per person but allows discretionary expunction of related arrests.

  • Requires sworn statements from applicants for both expunction and sealing, with false statements constituting felony perjury; updates references across multiple statutes to align with new expunction and sealing procedures.

Legislative Description

Expunging and Sealing Criminal History Records

Last Action

Died in Appropriations Subcommittee on Criminal and Civil Justice

5/1/2015

Committee Referrals

Appropriations Subcommittee on Criminal and Civil Justice3/25/2015
Criminal Justice2/3/2015

Full Bill Text

No bill text available