The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 468
INTRODUCER: Judiciary Committee and Senator Bracy
SUBJECT: Expunction of Criminal History Records Relating to Certain Cannabis Offenses
DATE: April 14, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Fav/CS
2. Stokes Jones CJ Favorable
3. Forbes Sadberry AP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 468 creates section 943.0586, Florida Statutes, providing for the expunction of certain
criminal history records relating to the misdemeanor offense of possession of 20 grams or less of
cannabis, regardless of disposition. The language in the bill closely mirrors the procedures and
requirements for court ordered expunction under section 943.0585, Florida Statutes.
The bill provides that a person may only receive one expunction under this section, and may only
petition the court for an expunction after at least one year has elapsed since the disposition of the
criminal activity to which the petition pertains, and he or she is no longer under court
supervision. A person who receives an expunction under this section is not precluded from
seeking a sealing or expunction provided under any other section of law.
The bill’s fiscal impact to the Florida Department of Law Enforcement is significant; most of
these costs will be offset by expunction application fees. See Section V. Fiscal Impact Statement
for additional information.
The bill is effective July 1, 2021.
II. Present Situation:
There are several limited forms of relief that may be sought in order to seal or expunge a
criminal history record. The public will not have access to a criminal history record that has been
BILL: CS/SB 468 Page 2
sealed or expunged. Certain government or related entities have access to records even after they
are sealed. Most of the entities who have access to sealed records also have access to see whether
a person has had an expunction. However, those entities do not have access to the expunged
criminal history record without a court order.1
Expunction of Criminal History Records
A criminal history record includes any non-judicial record maintained by a criminal justice
agency2 that contains criminal history information.3 Criminal history information is information
collected by criminal justice agencies and consists of identifiable descriptions of individuals and
notations of arrests, detentions, indictments, information, other formal criminal charges, and
criminal dispositions.4
State courts have continuing jurisdiction over their own procedures, including the expunction
and sealing of judicial records that contain criminal history information.5 Pursuant to statute,
judges have the discretion to order criminal records maintained by the court system and records
held by law enforcement agencies to be sealed6 or expunged for either a minor or an adult.7
However, no one has a right to have a record expunged and the request may be denied at the sole
discretion of the court.8
A person may have his or her criminal history record9 expunged under certain enumerated
circumstances.10 When a record is expunged, the criminal justice agencies11 that possess the
record must physically destroy or obliterate it. However, a criminal justice agency may retain a
notation indicating compliance with an order to expunge.12 The FDLE maintains a copy of the
1
Florida Department of Law Enforcement Frequently Asked Questions, Florida Department of Law Enforcement, available
at http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Frequently-Asked-Questions#Sealed_vs_Expunged (last visited
March 22, 2021).
2
Section 943.045(11), F.S., provides that criminal justice agencies include the court, the FDLE, the Department of Juvenile
Justice, components of the Department of Children and Families, and other governmental agencies that administrate criminal
justice.
3
Section 943.045(6), F.S.
4
Section 943.045(5), F.S.
5
Sections 943.0585(4)(a) and 943.059(4)(a), F.S. The procedures, however, must be consistent with the duties established in
statute. See also Henry P. Trawick, Jr., Florida Pleading and Practice Forms 11B. Fla. Pl. & Pr. Forms s. 97:14 (May 2020).
6
In general terms, sealing makes records confidential in most cases while expunction requires the actual physical destruction
of records held by courts and most law enforcement agencies. When a record is sealed, it is preserved so that it is secure and
inaccessible to any person who does not have a legal right to access the record or the information contained within the record.
A court may order a criminal history record sealed, rendering it confidential and exempt from Florida’s public records laws.
Sections 943.045(19), 943.059(6), and 119.07(1), F.S., and Art. I, s. 24(a), Fla. Const.
7
Sections 943.0585(4)(b) and 943.059(4)(b), F.S.
8
Section 943.0585(4)(b) and (e), F.S.
9
Section 943, 045(6), F.S., provides that a “criminal history record” is any judicial record maintained by a criminal justice
agency containing criminal history information.
10
Sections 943.0581, 943.0582, 943.0583, and 943.0585, F.S.
11
Section 943.045(11), F.S., provides that “criminal justice agency,” means: (1) A court; (2) the FDLE; (3) The Department
of Juvenile Justice; (4) The protective investigations component of the Department of Children and Families, which
investigates the crimes of abuse and neglect; and (5) Any other governmental agency or subunit thereof that performs the
administration of criminal justice pursuant to a statute or rule of court and that allocates a substantial part of its annual budget
to the administration of criminal justice.
12
Section 943.0585(6)(a), F.S.
BILL: CS/SB 468 Page 3
record to evaluate subsequent requests for sealing or expunction, and to recreate the record in the
event a court vacates the order to expunge.13 The criminal history record retained by the FDLE is
confidential and exempt.14 Once the record is expunged, a person may lawfully deny or fail to
acknowledge the arrests covered by the expunged record, subject to exceptions.15, 16
Court-Ordered Expunction
A court, in its discretion, may order the expunction of a person’s criminal history record if the
FDLE issues the person a certificate of eligibility for expunction.17 Generally, a person is eligible
for expunction if:
An indictment, information, or other charging document was not filed or issued in the case
giving rise to the criminal history record.
An indictment, information, or other changing document was filed or issued in the case
giving rise to the criminal history record, but was dismissed or nolle prosequi by the State,
was dismissed by the court, a judgment of acquittal was rendered, or a verdict of not guilty
was rendered.
The person is not seeking to expunge a criminal history record that is ineligible under
s. 943.0584, F.S.18
13
Section 943.045(16), F.S.
14
Section 943.0585(6)(a), F.S.
15
Section 943.0585(6), F.S.
16
Section 943.0585(6), F.S., provides that enumerated entities include criminal justice agencies, The Florida Bar, the
Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the
Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department
of Elderly Affairs, the Department of Juvenile Justice, the Department of Education, a district school board, a university
laboratory school, a charter school, a private or parochial school, a local governmental entity that licenses child care facilities,
the Division of Insurance Agent and Agency Services within the Department of Financial Services, and the Bureau of
License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services.
17
Section 943.0585(4), F.S.
18
Section 943.0584, F.S., A criminal history record is not eligible for court-ordered sealing if it relates to:
Sexual misconduct (Sections 393.135, 394.4593, and 916.1075, F.S.); Illegal use of explosives (Chapter 552, F.S.); Terrorism
(Section 775.30, F.S); Murder (Sections 782.04, 782.065, and 782.09, F.S.); Manslaughter or homicide (Sections 782.07,
782.071, and 782.072, F.S.); Assault or battery of one family or household member by another family or household member
(Sections 784.011 and 784.03, F.S.); Aggravated assault (Section 784.021, F.S.); Felony battery, domestic battery by
strangulation, or aggravated battery (Sections 784.03, 784.041, and 784.045, F.S.); Stalking or aggravated stalking (Section
784.048, F.S.); Luring or enticing a child (Section 787.025, F.S.); Human trafficking (Section 787.06, F.S.); Kidnapping or
false imprisonment (Sections 787.01 and 787.02, F.S.); Sexual battery, unlawful sexual activity with a minor, or female
genital mutilation (Chapter 794, F.S.); Procuring a person under the age of 18 for prostitution (Section 796.03, F.S. (2013)
(repealed by ch. 2014-160, s. 10, L.O.F.)); Lewd or lascivious offenses committed upon or in the presence of persons less
than 16 years of age (Section 800.04, F.S.); Arson (Section 806.01, F.S.); Burglary of a dwelling (Section 810.02, F.S.);
Voyeurism or video voyeurism (Sections 810.14 and 810.145, F.S.); Robbery or robbery by sudden snatching (Sections
812.13 and 812.131, F.S.); Carjacking (Section 812.133, F.S.); Home invasion robbery (Section 812.135, F.S.); A violation
of the Florida Communications Fraud Act (Section 817.034, F.S.); Abuse of an elderly person or disabled adult or aggravated
abuse of an elderly person or disabled adult (Section 825.102, F.S.); Lewd or lascivious offenses committed upon or in the
presence of an elderly or disabled person (Section 825.1025, F.S.); Child abuse or aggravated child abuse (Section 827.03,
F.S); Sexual performance by a child (Section 827.071, F.S.); Offenses by public officers and employees (Chapter 839, F.S.);
Certain acts in connection with obscenity (Section 847.0133, F.S.); A violation of the Computer Pornography and Child
Exploitation Prevention Act (Section 893.0135, F.S.); Selling or buying of minors (Section 847.0145, F.S.); Aircraft piracy
(Section 860.16, F.S); Manufacturing a controlled substance (Chapter 893, F.S.); Drug trafficking (Section 893.135, F.S.);
Any violation specified as a predicate offense for registration as a sexual predator or sexual offender. (Sections 775.21 and
943.0535, F.S.).
BILL: CS/SB 468 Page 4
The person is not seeking to seal a criminal history record relating to a violation of certain
enumerated offenses.19
The person has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
o Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
The person has not been adjudicated guilty or delinquent for committing any of the acts
stemming from the arrest or alleged criminal activity to which the petition to expunge
pertains.
The person has never secured a prior sealing or expunction, unless:
o Expunction is sought of a criminal history record previously sealed for at least 10 years;
and
o The record was sealed because adjudication was withheld, or because a judgment of
acquittal or verdict of not guilty was rendered.20
Certificate of Eligibility
A person must first apply to the FDLE for a certificate of eligibility. The FDLE must issue a
certificate of eligibility for court-ordered expunction to a person who:21
Is eligible for expunction, as described above.
Has submitted to the department a written certified statement from the appropriate state
attorney or statewide prosecutor which confirms the criminal history record complies with
certain requirements described above.
Has submitted to the FDLE a certified copy of the disposition of the charge to which the
petition pertains.
Pays a $75 processing fee to the FDLE for placement in the FDLE Operating Trust Fund,
unless the executive director waives such fee.22
Upon receiving a certificate of eligibility from the FDLE, a person must petition the court to
expunge the record.23 A complete petition contains both a valid certificate of eligibility, issued
within the previous 12 months, and a sworn statement from the petitioner attesting to his or her
eligibility.24 It is solely within the court’s discretion to grant or deny a petition to expunge.25
19
Section 943.0585(1)(d)1.-13., F.S. Assault, as defined in s. 784.011, F.S.; battery, as defined in s. 784.03, F.S.; assault on a
law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a), F.S.; carrying a concealed
weapon, as defined in s. 790.01(1), F.S.; open carrying of a weapon, as defined in s. 790.053, F.S.; unlawful possession or
discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s. 790.115, F.S.; unlawful
use of destructive devices or bombs, as defined in s. 790.1615(1), F.S.; unlawful possession of a firearm, as defined in
s. 790.22(5), F.S.; exposure of sexual organs, as defined in s. 800.03, F.S.; arson, as defined in s. 806.031(1), F.S.; petit theft,
as defined in s. 812.014(3), F.S.; or cruelty to animals, as defined in s. 828.12(1), F.S.
20
Section 943.0585(1), F.S.
21
Section 943.0585(2), F.S.
22
Section 943.0585(2), F.S.
23
Section 943.0585(3), F.S
24
Section 943.0585(3), F.S.
25
Section 943.0585(4), F.S.
BILL: CS/SB 468 Page 5
Fees to Expunge Records
The application for a certificate of eligibility to seal or expunge under either statute must include
a certified copy of the disposition. The clerk charges $2 per document for a certification fee26
plus $1 a page for copying27 the disposition. The FDLE charges $75 for the certificate of
eligibility.28
Other Types of Expunction
Other types of expunction include:
Lawful self-defense expunction.29
Human trafficking victim expunction.30
Automatic Juvenile expunction.31
Early juvenile expunction.32
Administrative expunction.33
Juvenile diversion program expunction.34
III. Effect of Proposed Changes:
The bill creates s. 943.0586, F.S., providing for the expunction of certain criminal history records
relating to the misdemeanor offense of possession of 20 grams or less of cannabis.
A person is eligible to petition the court for an expunction if:
The person was arrested or given a notice to appear for a misdemeanor offense for obtaining,
purchasing, or possessing 20 grams or less of cannabis, regardless of disposition.
The person was not convicted of, nor pled no contest to, a contemporaneous offense other
than the misdemeanor offense for obtaining, purchasing, or possessing 20 grams or less of
cannabis.
At least 1 year has elapsed since disposition of the offense or alleged criminal activity.
The person is no longer under court supervision related to the cannabis offense.
The person has not previously received this type of expunction.
A person must apply to the FDLE for a certificate of eligibility before he or she petitions a court
to expunge a criminal history record. The bill directs the FDLE to establish procedures for
applying for and issuing a certificate of eligibility. The FDLE must issue a certificate of
eligibility to a person who is the subject of a criminal history record if that person:
Satisfies the criteria listed above, and is not ineligible under s. 943.0584, F.S.35
26
Section 28.24(2), F.S.
27
Section 28.24(5)(a), F.S.
28
Section 943.0585(2)(a)4., F.S.
29
Section 943.0578, F.S.
30
Section 943.0583, F.S.
31
Section 943.0515(1)(b)1., F.S.
32
Section 943.0515(1)(b)2., F.S.
33
Section 943.0581, F.S.
34
Section 943.0582, F.S.
35
See footnote 21.
BILL: CS/SB 468 Page 6
Has submitted to the FDLE a written certified statement from the appropriate state attorney
or statewide prosecutor that confirms the criminal history record complies with the criteria
listed above.
Has submitted a certified copy of the dispositio