(1) RULEMAKING.—Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules addressing the automatic sealing of any criminal history record of a minor or adult described in this section.
(2) ELIGIBILITY.—
(a) The department shall automatically seal a criminal history record that does not result from an indictment, information, or other charging document for a forcible felony as defined in s. 776.08 or for an offense enumerated in s. 943.0435(1)(h)1.a.(I), if:
1. An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
2. 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 attorney or statewide prosecutor or was dismissed by a court of competent jurisdiction. However, 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 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.
(c) Except as provided in this section, automatic sealing of a criminal history record shall have the same effect, and the department may disclose such a record in the same manner, as a record sealed under s. 943.059.
History.—s. 52, ch. 2019-167.
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