Lauren Book bill would permit those convicted of cannabis possession to expunge record

State Sen. Lauren Book is looking to make it easier for those convicted of marijuana possession to expunge their criminal history.

Individuals who have been arrested — but not convicted of a crime — can be eligible to have their records expunged. But those who have been convicted of a crime typically lose that eligibility.

Book’s bill (SB 1342) would exempt individuals convicted of a first degree misdemeanor for possession of marijuana from those limitations.

For instance, current law bars expunging a person’s record if that individual has “been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.”

The measure from Book, a Plantation Democrat, would add an exception to that rule for those convicted of misdemeanor possession, thereby still allowing them to seek expunction.

Those who possess up to 20 grams can be convicted of a first degree misdemeanor for the offense. The legislation could allow individuals to seal or expunge information pertaining to that possession charge.

Florida has relatively open access to criminal records. That can hamper someone with a criminal history from, for instance, finding a job if the employer decides to conduct a search.

That can beget a cycle where a person is unable to work, and is thus can be more likely to reoffend.

Book’s effort isn’t the only one looking to help those in the state with a prior criminal history. Sen. Bobby Powell, a West Palm Beach Democrat, has also filed legislation supported by the so-called “Ban the Box” movement.

That measure would require employers to review an application and conduct an initial interview before asking an applicant about his or her criminal history.

Once an interview is conducted, an employer has full power to reject the applicant because of his or her criminal history. But by banning an initial ask, it blocks employers from simply screening away otherwise-qualified applicants simply for a blemish on their record.

Of course, there is also an effort to place an amendment on the 2020 ballot that would legalize recreational marijuana entirely.

If Book’s measure is successful this upcoming Session, it would take effect on July 1, 2020.