summary
Introduced
01/08/2021
01/08/2021
In Committee
01/22/2021
01/22/2021
Crossed Over
Passed
Dead
04/30/2021
04/30/2021
Introduced Session
2021 Regular Session
Bill Summary
An act relating to expunction of criminal history records relating to cannabis offenses; creating s. 943.0586, F.S.; defining terms; authorizing certain courts to order criminal justice agencies to expunge the criminal history record of an individual with a qualified cannabis offense upon such individual filing a petition for expunction; authorizing an individual to petition for expunction of such criminal history records at any time; specifying petition requirements; requiring a court, upon receipt of a petition, to serve the appropriate state attorney and the arresting agency with a copy of the petition; providing requirements if the state attorney or the arresting agency object to the court granting the petition; requiring the court to grant the petition if no objection is filed; imposing duties on the clerk of the court and the arresting agency if a court grants such a petition; providing construction; requiring that a criminal justice agency that has custody of any criminal history record ordered expunged physically destroy or obliterate the record; providing for the effect of expunged criminal history records; prohibiting a court or criminal justice agency from charging the petitioner fees in connection with the hb0189-00 HB 189 petition; providing a statement regarding certain references and the doctrine of incorporation by reference; providing an effective date.
AI Summary
This bill creates a new section in Florida Statutes (Section 943.0586) that allows individuals with certain misdemeanor cannabis possession convictions to petition the court to have their criminal history records expunged. The key provisions include:
- Defines a "qualifying cannabis offense" as a misdemeanor conviction for obtaining, purchasing, or possessing 20 grams or less of cannabis, excluding cases involving a felony, driving under the influence, or domestic violence.
- Allows individuals with qualifying cannabis offenses to petition the court at any time to have their criminal records expunged.
- Requires the court to serve the state attorney and arresting agency with the petition, and grants the petition unless they object and establish good cause not to do so.
- Requires criminal justice agencies to physically destroy or obliterate the expunged records, and allows the individual to lawfully deny or fail to acknowledge the arrests or convictions covered by the expunged records.
- Prohibits the court or criminal justice agencies from charging fees related to the expunction petition or obtaining necessary documents.
The bill aims to provide relief to individuals with certain minor cannabis-related convictions by allowing them to have their criminal records expunged, which can help remove barriers to employment, housing, and other opportunities.
Committee Categories
Justice
Sponsors (3)
Last Action
Died in Criminal Justice & Public Safety Subcommittee (on 04/30/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2021/189 |
| Bill | https://www.flsenate.gov/Session/Bill/2021/189/BillText/Filed/PDF |
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