Expungement
How is a Judge’s Discretion to Deny Your Petition to Expunge Your Criminal Record Limited?
Florida law provides that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” However, that discretion is limited. For example, in the case of Kim Wells versus the State of Florida, Ms. Wells filed a petition with the court asking that her criminal record be [...]
Does Being Adjudicated Guilty Mean That You Cannot Get Your Record Expunged?
In the case of Julie Matthews versus the State of Florida, Ms. Matthews appealed a judge’s decision to not expunge her criminal-history record for grand theft of an automobile based upon the following facts: “During the evening of March 8, 1995, . . . Julie Matthews was with a group of friends at a restaurant. [...]
Your Right to Seal Your Record Versus the Public’s Right to Know
In the case of S.L.P. versus the State of Florida, an individual (with the initials “S.L.P.”) asked a judge to seal her criminal record. The judge denied her request on the ground that the public’s interest in having access to S.L.P.’s criminal-history record outweighed S.L.P.’s interest in sealing her record. S.L.P. appealed the judge’s decision [...]
Do You Have the Right to Have Your Criminal Record Expunged?
In the case of Scott Baker versus the State of Florida, a judge denied Mr. Baker’s petition to expunge his criminal-history record even though the prosecutor’s office had previously decided to not file any charges in his case. The judge did so because Mr. Baker worked at a car wash where he had contact with [...]
Can a Judge Refuse to Expunge a Criminal Record Without First Hearing Evidence?
In the case of VFD versus the State of Florida, the issue was whether a judge correctly denied VFD’s (these are the person’s initials) petition to expunge his criminal record without first hearing evidence and then stating specific reasons for denying the motion. The relevant facts in this case are that VFD filed a petition [...]
How Many Criminal-History Records Can You Have Sealed?
In the case of Cline v. State of Florida, the issue was whether Mr. Cline could have two different criminal-history records sealed. The facts in the Cline case are as follows: In June of 2005, Mr. Cline was arrested for the crime of possession of cocaine. He later pled guilty to that crime and adjudication of [...]
Is Sealed or Expunged Information Ever Released as Part of a Background Check?
I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone. The answer is that insofar as a sealed record is concerned, Florida law states that information relating to the existence of a sealed criminal record is confidential except that the Florida Department [...]
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.
