Last June, Gov. Ron DeSantis vetoed a bill related to expunging juvenile arrest records through what’s called diversion programs. The governor felt that young offenders should not be in those programs if their crimes are serious.
Now, state lawmakers have approved a bill this session that would allow juveniles to get into diversion programs if they have not been charged with “forcible felonies,” such as murder or sexual crimes, or felonies related to the sale, use or possession of firearms.
The aim is to keep troubled youths out of prison and expunge arrest records that could give kids a chance for job opportunities and advanced education. Advocates have been fighting for this kind of juvenile justice reform for years.
Currently, most of the diversion programs involve misdemeanors, with certain felonies allowed. In this case, “forcible felonies” would be excluded in the 2022 legislation.
The House and Senate agreed with the bill, HB 195, and it is headed to the governor’s desk for his consideration. But will DeSantis offer his stamp of approval this year?
Christian Minor, executive director of the Florida Juvenile Justice Association, told the Florida Phoenix in a phone conversation Tuesday that his group helped craft the 2022 legislation, entitled “an act relating to juvenile diversion program expunction.”
The bill would require the Florida Department of Law Enforcement to expunge a minor offender’s nonjudicial arrest record after completing a diversion program aimed at diverting youths from going to prison.
Minor believes DeSantis will not veto the bill once it reaches his desk. “We feel the governor will be confident to put his signature on it,” Minor said.
“We met with the governor and his staff and are confident that he is comfortable with this language.”
In DeSantis’ veto letter last year, he expressed concern “that the unfettered ability to expunge serious felonies, including sexual battery, from a juvenile’s record may have negative impacts on public safety.”
But now state lawmakers are pushing for juvenile offenders to be able to expunge a nonjudicial arrest record for any offense except for forcible felonies, such as murder or sexual crimes, or a felony related to the sale, use or possession of a firearm.
On Tuesday, the Florida Senate unanimously approved the measure without debate on a 38-0 vote. The House had already approved the measure.
Meanwhile, forcible felonies, in the bill, include a variety of offenses that would prohibit a minor from expunction of arrest records. Some of those offenses include treason, murder, manslaughter, sexual battery, burglary, arson, kidnapping and robbery.
The Florida Police Chiefs Association, which supported DeSantis’ veto last year, is “pleased to see that issue addressed in this year’s bill,” said Jennifer Cook Pritt, executive director of the FPCA.
She added: “The FPCA strongly supports the use of diversion programs for nonviolent juvenile offenders but does not support juvenile diversion expungement programs for those who commit violent forcible felonies. We were pleased to see that issue addressed in this year’s bill.”
Portions of this report first appeared on the website of the Florida Phoenix, a nonprofit news organization dedicated to coverage of state government and politics from Tallahassee.
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