Amendments To The Florida Rules Of Judicial Administration - Supreme Court Of Florida Page 3
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15The more significant amendments to rule 2.430 (Retention of Court
Records) extend the retention periods for misdemeanor and criminal traffic
violation records, and clarify that criminal traffic violations records are considered
either misdemeanor records or felony records. Currently, as relevant here, rule
2.430(c)(1)(C) allows the clerks to destroy misdemeanor and criminal traffic
violation records that are not permanently recorded five years after the judgment
becomes final. The reference to “criminal traffic violations” is removed from the
retention schedule and those records are now subsumed under the schedules for
misdemeanor and felony records. The amendments to subdivisions (c)(1)(C),
(c)(1)(E), and (c)(1)(F) require the same 10- and 75-year retention periods for
misdemeanor records as are currently required for felony records, under
subdivisions (c)(1)(E) and (c)(1)(F). According to the Rules Committee’s report,
the longer retention periods were suggested by the Florida Prosecuting Attorneys
Association. The prosecutors were concerned about the destruction of
misdemeanor records by clerks after five years and explained the need to maintain
those records in order to prove recidivism if the crimes in question occur more than
five years apart. In addition, the prosecutors urged that misdemeanor records are
needed for postconviction motions, impeachment with prior convictions, and
preparation of sentencing guideline scoresheets.
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