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FL H1481

Bill

Status

Failed

3/14/2022

Primary Sponsor

Dotie Joseph

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Creates s. 943.0517, F.S., titled the "Second Chance Act," allowing a person or state attorney to petition for expunction of criminal records for misdemeanors or third-degree felonies committed while the person was at least 16 but under 18 years of age, after all sentences, probation, and postrelease supervision have been completed.

  • Excludes offenses listed under s. 775.21(4)(a)1. (sexual predator offenses) or s. 943.0435(1)(h)1.a.(I) (sex offender registration offenses) from eligibility, regardless of current registration status.

  • Requires the state attorney to be served with the petition and given 30 days to file objections; the state attorney must also make best efforts to notify victims, who have the right to be present at the hearing and have their views considered by the court.

  • Permits a person whose record is expunged to lawfully deny or fail to acknowledge the arrests, except in specific circumstances such as seeking employment with a criminal justice agency, being a defendant in a criminal prosecution, seeking admission to The Florida Bar, or applying for positions involving direct contact with children, the disabled, or the elderly.

  • Requires expunged records to be physically destroyed or obliterated by the custodial criminal justice agency, except records held by the Department of Law Enforcement, which must be retained in all cases. Effective date: July 1, 2022.

Legislative Description

Expungement of Juvenile Criminal Records

Last Action

Died in Criminal Justice & Public Safety Subcommittee

3/14/2022

Committee Referrals

Criminal Justice and Public Safety Subcommittee1/16/2022

Full Bill Text

No bill text available