Expunction of Qualifying Marijuana Offenses:
SB 1026 creates a new Florida statute authorizing expunction of certain low-level marijuana-related criminal history records. The bill defines a “qualifying marijuana offense” as a violation committed before July 1, 2025, involving possession of 2 ounces or less of cannabis under s. 893.13 or possession of drug paraphernalia that qualifies as a marijuana delivery device under s. 893.147. For eligible individuals, the Department of Law Enforcement must issue a certificate of eligibility for expunction, and it may not charge a fee for processing the request.
The bill also establishes an electronic application system for petitions and supporting documents, including fingerprints and disposition records, and requires the department to transmit certificates electronically. A petitioner must submit a sworn statement attesting eligibility, and knowingly false statements are made a third-degree felony. The court retains discretion to deny expunction requests, but if the statutory requirements are met, the court must grant relief. The bill also sets out notice procedures to prosecutors and arresting agencies, directs agencies to forward expunction orders to other relevant entities and the FBI, and requires the department to adopt implementing rules.
SB 1026 would add a new expunction pathway in Florida law for specified marijuana possession and paraphernalia offenses committed before July 1, 2025, creating a separate process from existing expungement provisions in chapter 943. It would place new duties on the Department of Law Enforcement, clerks of court, prosecutors, and arresting agencies, while limiting agency liability for refusing to comply with orders that do not meet the bill’s requirements. The bill would primarily affect people with older, low-level marijuana records seeking relief from collateral consequences of those records.
The bill appears to reflect a generally reform-oriented approach toward marijuana record relief, with the text emphasizing streamlined access, no filing fee, and electronic processing. However, there is no recorded committee transcript or vote history in the provided materials, and the bill ultimately died in the Senate Criminal Justice Committee on June 16, 2025. That outcome suggests it did not advance, but the available record does not show direct debate or a formal vote split.
The main points of potential contention are the scope of eligible offenses, the retroactive cutoff date, and the balance between automatic relief and court discretion. Supporters would likely favor the bill as a targeted clean-up measure for minor marijuana offenses and a way to reduce barriers to expunction, while opponents may have concerns about limiting agency discretion, creating a new administrative burden, or expanding record-sealing relief for conduct that remains criminal. The felony penalty for knowingly false sworn statements and the requirement that petitioners obtain a certificate of eligibility may also be points of procedural concern, though the bill preserves court discretion and allows agencies to reject noncompliant orders.