Can Even a Serious Charge Such as Murder Be Expunged?

          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.

          That was the ruling in the case of Harman v. State of Florida. 

          In that case, Mr. Harman, who had previously been charged with second-degree murder, filed a petition asking a judge to expunge his criminal history record.  The judge, however, refused Harman’s request even though the State Attorney’s Office had originally dropped the case.  The judge’s reasons for doing so were:

          1.  The crime of second-degree murder is serious; and

          2.  Mr. Harman had been previously accused of domestic violence.

          Harman appealed that decision to Florida’s Second District Court of Appeal which reversed the lower court’s order because:

          1.  The seriousness of a charge, standing alone, is insufficient to support the denial of a request to expunge  a criminal record; and

          2.  The prosecutor failed to present any evidence supporting his allegation that Harman had previously committed an act of domestic violence.

          As a result, the appellate court sent Harman’s case back to the trial judge and ordered him to reconsider Harman’s request that his record be expunged.