Can a judge deny my request for criminal record expungement without giving me a reason ‘why’?
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.
For example, in the case of Kanji v. State of Florida, Mr. Kanji filed a petition to expunge his criminal history record. The prosecuting attorney objected to his petition for the following reasons:
1. “[M]embers of the public who came into contact with Kanji should have unfettered access to his criminal history records so they might be better informed before establishing a relationship with him;” and
2. “The arresting affidavits reflected that Kanji’s purported wrongdoing constituted a ‘violation of trust’ because the alleged victim was a family friend.”
The trial judge hearing Kanji’s petition ultimately denied it but in so doing failed to state why. Kanji appealed the judge’s ruling, and the appellate court hearing the case decided in Kanji’s favor stating that “[i]n exercising its discretion, the trial court must consider all the facts and circumstances and may not deny the petition based solely on the nature of the crime.” The appellate court then sent the case back to the trial judge and instructed her to either grant Kanji’s petition or else state why she was again denying it.
