Title: Juvenile Expunction

Summary: Allows minors who have certain felony arrests to have FDLE expunge their nonjudicial arrest records upon successful completion of prearrest or postarrest diversion program; extends application submission period for minors who have successfully completed prearrest or postarrest diversion program; extends application submission date for minors who completed program before certain date.

Full Text:
An act relating to juvenile expunction; amending s. 943.0582, F.S.; allowing minors who have certain felony arrests to have the Department of Law Enforcement expunge their nonjudicial arrest record upon successful completion of a prearrest or postarrest diversion program; extending the application submission period for minors who have successfully completed a prearrest or postarrest diversion program; extending the ap plication submission date for minors who completed the program before a specified date; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (b), (c), (e), and (f) of subsection (3) and subs ection (5) of section 943.0582, Florida Statutes, are amended to read: 943.0582 Prearrest, postarrest, or teen court diversion program expunction.-(3) The department shall expunge the nonjudicial arrest record of a minor who has successfully completed a prearrest or postarrest diversion program if that minor: (b) Submits the application for prearrest or postarrest diversion expunction no later than 6 months after completion of the diversion program. (c) Submits to the department,with the applic ation, an official written statement from the state attorney for the HB 2013 county in which the arrest occurred certifying that the minor he or she has: 1. Successfully completed that county's prearrest or postarrest diversion program.and that participation 2. Participated in the program based on an arrest resulting in one or more charges unrelated to: is strictly limited to minors arrested for a. A violent nonviolent misdemeanor;who have b. A felony violation of s. 393.135, s. 394.4593, s. 787.025, chap ter 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, or s. 916.1075; c. A violation enumerated in s. 907.041; or d. A violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435. 3. Not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation. (e) Participated in a prearrest or postarrest diversion program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28. (e)(f) Has never, before prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance HB 2013 violation. (5) This section operates retroactively to permit the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program on or after July 1, 2000; however, in the case of a minor whose completion of the program occurred before July 1, 2013 the effective date of this section,the application for prearrest or postarrest diversion expunction must be submitted within 6 months after July 1, 2013 the effective date of this section. Section 2. This act shall take effect July 1, 2013.