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About The Bill

Members of the House and Senate in Florida voted in favor of House Bill 195 (HB195). It expands expunction opportunities for minors. Current law states the Department of Law Enforcement will expunge nonjudicial arrest records for minors who submit an application with a written statement from the state attorney for their county that certifies the person successfully completed a diversion program.

HB195 expands this to note that arrest records for misdemeanor or felony offenses can also eligible under most circumstances. Learn more.

Exceptions

Certain types of records cannot be expunged. They include:

• A forcible felony.
• A felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon.

The bill also notes that individuals may not have records expunged if they have otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.

Support For HB195

After receiving unanimous approval, the bill was signed into law by Governor Ron DeSantis on May 12, 2022. It was also supported by other groups in Florida. Delvin Davis, the Regional Policy Analyst for Criminal Justice Reform at the SPLC Action Fund made a written statement about HB195.

Davis referred to the bill as common-sense legislation and wrote: “Numerous studies have shown that a child’s brain is still developing throughout their mid-20’s. They can learn and grow and become rehabilitated. Under this legislation, children can get their records expunged if prosecutors choose to place them in a diversion program instead of the criminal justice system. Records are expunged upon successful completion of the program.”

What Employers Should Know

With the passing of second change bills like HB195, more Americans are likely to have eligible criminal records expunged. When that happens, they can act as if the offense never occurred. The Florida bill stipulates that a person who completes a diversion program is granted expunction may “lawfully deny or fail to acknowledge his or her participation in the program unless the inquiry is made by a criminal justice agency."

Employers are prohibited from considering records that have been expunged. A good way for hiring managers to avoid this is to work with an accredited Consumer Reporting Agency (CRA). CRAs take steps to watch for expunged records and only provide data that is current, accurate and reportable.

Running Background Checks

While there are numerous laws in place to help people who have criminal convictions, it is still imperative for organizations to screen potential employees, volunteers and contractors. Background checks supply the information employers need to make informed decisions, maintain safe workplaces and avoid negligent hiring situations.

If you organization needs background checks, please contact us. Our highly experienced team can help you customize packages for any type of position. We also provide an array of educational resources to help keep you up to date on laws and best practices. We’re available to assist you Monday through Friday from 5am to 6pm PT.