New s. 943.0585(5), FS., allows for certain criminal history records to be ordered expunged by the courts, notwithstanding the general eligibility requirements in s. 943.0585. Two new forms are required to implement HB 89. The current application ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NO.:RULE TITLE:

11C-7.006Procedures on Court-Ordered Expunctions

PURPOSE AND EFFECT: New Section 943.0585(5), F.S.., allows for certain criminal history records to be ordered expunged by the courts, notwithstanding the general eligibility requirements in Section 943.0585, F.S. Two new forms are required to implement HB 89. The current application for a certificate of eligibility to expunge a criminal history record requires the State Attorney to certify compliance with the eligibility criteria in Section 943.0585, F.S. The new form will require the State Attorney to certify that the lawful-self-defense criteria in Section 943.0585(5), F.S. are met.

SUBJECT AREA TO BE ADDRESSED: Procedures for obtaining a court-ordered criminal history expunction pursuant to new Section 943.0585(5), FS.

RULEMAKING AUTHORITY: 943.03(4), 943.0585(2) FS.

LAW IMPLEMENTED: 943.0585(5) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, December 10, 2014, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Christopher Eaton at [phone], [e-mail] or write to: Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, FL 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Christopher Eaton at [phone], [e-mail] or write to: Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, FL 32308

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.