Florida Criminal Records Frequently Asked Questions

In order to get your criminal record sealed or expunged in Florida, there are certain legal requirements that you must meet before a judge is even allowed to consider whether he or she will grant your request to seal or expunge your record. But if you do meet those requirements, a judge still is not required to grant your request; he or she may deny your request but only if there is a good reason to do so based upon the facts of your individual case.

A pardon has been defined as “the forgiveness of crime and the penalty associated with it.” In Florida, it is the governor who has the power to grant pardons. Assuming you are fortunate enough to obtain a pardon, does that automatically mean that you can get your criminal record sealed or expunged? That was the question decided by the Florida Supreme Court in the case of R.J.L. v. State of Florida. This article looks at that case.

According to Florida law, a judge is not allowed to deny an individual’s request to have his criminal record expunged simply because of the seriousness of the charge. This article examines one case in which the judge mistakenly did just that.

When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court, that person is legally entitled to have her request heard by a judge. When a judge fails to set a formal hearing to consider the request, that case may very well be reversed on appeal. This article looks at one such case.

The rule that governs the expunction of criminal history records in Florida states that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Nevertheless, Florida law has consistently held that the words “sole discretion” do not permit judges to arbitrarily deny requests for expunctions. This article examines one case in which the judge hearing the matter did precisely that.

It sometimes happens that a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney’s Office or because the State Attorney’s Office decides not to prosecute the case. When that situation arises, there is a procedure whereby an individual can request that the Florida Department of Law Enforcement administratively expunge the arrest record. This article discusses that procedure.

Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes. The following is a list of [...]

In order to obtain a certificate of eligibility so that you may, in turn, petition the court to seal or expunge your criminal history record, you or your attorney must do the following things pursuant to Florida statutes sections 943.0585(2) and 943.059(2): Section “A” of the application must be completed and signed in the presence [...]

Once FDLE has issued the certificate of eligibility to seal or expunge a criminal history record, you or your attorney must file a petition for relief along with the certificate of eligibility anda required affidavit in the court in the county where the arrest occurred. The issuance of the certificate of eligibility is not the [...]

By law, the Clerk of Court is responsible for certifying a copy of the court order to the State Attorney’s Office (or to the Statewide Prosecutor’s Office) as well as to the arresting agency (or agencies). The arresting agency is then responsible for sending a certified copy of the court order to all agencies that [...]