SB 980 - Expunging and Sealing Criminal History Records

• Creates a nonjudicial expunction process through the Department of Law Enforcement for eligible criminal records when charges were not filed, dismissed, or resulted in acquittal, with no limit on the number of times a person may obtain such expunction.

• Establishes a nonjudicial sealing process for records where a person was found guilty of one offense but no other charges resulted in conviction, or for nonviolent misdemeanors, limited to one record per application.

• Requires applicants to obtain written certification from the state attorney that their record is eligible, submit a $75 processing fee (waivable), provide fingerprints and disposition documents, and submit a sworn statement attesting to eligibility requirements.

• Permits individuals with expunged or sealed records to lawfully deny arrests in most contexts, except when applying for criminal justice employment, seeking admission to The Florida Bar, applying for certain state agency positions involving children or the elderly, or purchasing firearms.

• Appropriates $500,000 in recurring funds for fiscal year 2018-2019 to the Department of Law Enforcement to process expunctions and sealings under the new procedures, effective October 1, 2017.