Gov. DeSantis vetoes bipartisan bill that would have expanded eligibility for criminal record expungement

Gov. Ron DeSantis vetoed a bipartisan bill that would have expanded who is eligible to have their arrest records wiped clean.

No explanation was offered for the veto of the legislation (HB 605), which came through both legislative chambers with near-unanimous approval, except for “no” votes from Republican Reps. Jessica Baker and Berny Jacques.

DeSantis’ Office did not immediately return a request for further explanation, beyond the pro forma veto letter. The veto was announced after regular office hours, however.

Currently, the law keeps adults from getting their records expunged if they already had a juvenile record wiped clean.

This year’s legislation would have expunged the records of those whose indictment or other charging documents were dismissed in court, even if they already got the same forgiveness when they were a juvenile. Currently, juvenile expungements make a person ineligible for a second one as an adult.

Democratic Rep. Mike Gottlieb, who sponsored the legislation with Republican Rep. David Smith, said the veto did not surprise him, considering how DeSantis has canceled clemency hearings, done nothing to advance the restoration of rights for convicts, and even changed the law so convicted felons who voted could be more aggressively prosecuted. Changing the law to give state prosecutors the ability to pursue charges against voting was part of a Special Session called in February.

“He’s done nothing to help returning citizens get back to productive lives,” Gottlieb said. “It’s another way of keeping people poor and having the government put their foot on those who deserve an opportunity to succeed and have a second chance.”

This expansion of eligibility for expungement of records would not have included those who have been convicted of a crime in the state.

Also, the bill did not provide for the automatic expungement of a record; the court would have an ultimate discretion over it and the State Attorney would have to be notified. Also, the applicant would not be eligible for the expungement if the charges were dismissed because the person was found incompetent to stand trial.