Senator Tracie Davis (D) has introduced a pair of bills in the Florida Senate that would allow individuals with certain marijuana-related offenses to have their records expunged, with the second bill ensuring those expunged records remain confidential and exempt from public disclosure.
Filed today, Senate Bill 1026 proposes automatic eligibility for expunction of specific low-level marijuana offenses committed before July 1, 2025.
The bill defines a “qualifying marijuana offense” as the possession of two ounces or less of marijuana under Florida Statute 893.13, as well as possession of paraphernalia classified as a marijuana delivery device under Florida Statute 381.986(1). Those eligible would be able to petition for expunction without paying a fee, and the Florida Department of Law Enforcement would be required to issue certificates of eligibility for qualifying individuals.
As part of the process, petitioners must submit a sworn statement affirming their eligibility, with penalties for false information carrying a third-degree felony charge. The department would be responsible for establishing rules and an electronic system for handling petitions and issuing certificates.
Additionally, Senate Bill 1028, also filed by Davis, would exempt expunged records from public disclosure, ensuring that sealed records remain inaccessible. The bill specifies that expunged records must be destroyed or physically obliterated by criminal justice agencies, with the Florida Department of Law Enforcement retaining a confidential record. It also establishes that such records would be exempt from public records laws, meaning they could only be accessed under limited circumstances, such as by court order.
Both bills are currently awaiting committee assignment.
