HB 1259 — Automatic Sealing of Criminal History Records

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1259CS/HB1259 2022 A bill to be entitled An act relating to automatic sealing of criminal history records;

943.0595,943.059, F.S.;

requiringproviding thethat a court tomay automaticallygrant sealthe certainsealing of a criminal historyrecord records;based on the sealing of a criminal record sealed by the Department of Law Enforcement under certain circumstances;

specifyingrequiring the effectDepartment of automaticLaw sealingEnforcement ofto issue a criminalcertificate historyof recordeligibility byunder acertain court;circumstances;

9 Be It Enacted by the Legislature of the State of Florida:

SubsectionsParagraph (2)(f) andis (3)added to subsection (1) of section 943.0595,943.059, Florida Statutes, are amended to read:

943.0595943.059 AutomaticCourt-ordered sealing of criminal history records.— (2)(1) ELIGIBILITY.—ELIGIBILITY.—A (a)person Theis departmenteligible andto thepetition a court shallto automatically seal a criminal history record thatwhen: does not result from an indictment, information, or other charging document for a forcible felony as defined in s.

776.08(f) orThe forcriminal anhistory offenserecord enumeratedwas inautomatically sealed pursuant to s.

943.0435(1)(h)1.a.(I),943.0595 if:and the subject of the sealed record presents proof of the sealing by the department to the court.

1.The court may grant the sealing of a criminal history record that was sealed by the department pursuant to s.

An943.0595 indictment,at information,any ortime otherand chargingwithout documentlimitation wasbased noton filedany orprior issuedsealing inof thea casesubject's giving rise to the criminal historyrecords. record.

2.The department shall issue a Page 1of 2 CODING:

An indictment, information, or other charging document was filed in the case giving rise to the criminal history record, but was dismissed or nolle prosequi by the state Page 1of 3 CODING:

hb1259-02-c2hb1259-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1259CS/HB1259 2022 attorneycertificate orof statewideeligibility prosecutorfor orsealing wasupon dismissedrequest byto a courtperson who is the subject of competenta jurisdiction.criminal history record sealed by the department pursuant to s.

However,943.0595. a person is not eligible for automatic sealing under this section if the dismissal was pursuant to s.

916.145 or s.

985.19.

3.

A not guilty verdict was rendered by a judge or jury.

However, a person is not eligible for automatic sealing under this section if the defendant was found not guilty by reason of insanity.

4.

A judgment of acquittal was rendered by a judge.

(b) There is no limitation on the number of times a person may obtain an automatic sealing for a criminal history record described in paragraph (a).

(3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.— (a) Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing under paragraph (2)(a), the clerk of the court shall seal the criminal history record and shall transmit a certified copy of the disposition of the criminal history record to the department, which shall seal the criminal history record upon receipt of the certified copy.

(b) Automatic sealing of a criminal history record does not require sealing by the court or other criminal justice agencies, or that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies.

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Words strickenare deletions;

words underlined are additions.

hb1259-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1259 2022 (c) Except as provided in this section, automatic sealing of a criminal history record shall have the same effect, and the court and the department may disclose such a record in the same manner, as a record sealed under s.

943.059.

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hb1259-02-c2hb1259-01-c1