Expungement
Can a Judge Deny Your Request to Expunge Your Record Without Giving You Specific Reasons?
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.
Does Getting a Pardon from the Governor Automatically Mean That You Can Get Your Criminal Record Sealed or Expunged?
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.
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. This article examines one case in which the judge mistakenly did just that.
Can a judge deny my request to seal or expunge my criminal record without a hearing?
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.
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. This article examines one case in which the judge hearing the matter did precisely that.
I was arrested but the case never went to court. Is my Florida criminal record automatically removed?
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.
Which crimes cannot be sealed or expunged in Florida?
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 [...]
Why is the database at the Florida Department of Highway Safety and Motor Vehicles (DHSMV) checked in order to determine my eligibility to have my criminal history record sealed or expunged?
A criminal traffic offense such as DUI, reckless driving, or driving while license suspended/canceled/revoked may appear in the DHSMV database even though it may not appear in the criminal history record system maintained by FDLE. Noncriminal traffic offenses (such as careless driving) do not affect one’s eligibility to seal or expunge a criminal history record. [...]
What criminal charges may be expunged?
The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements. Any charge, which resulted in a withholding of adjudication or in an acquittal (that is, a not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See [...]
When is my criminal history record sealed or expunged?
Once an order has been issued by the court of competent jurisdiction to seal or expunge your criminal history record and a certified copy of this order has been received by the FDLE, it will be complied with in accordance with state statutes.
