In the case of Gerald Kenneth Cole versus the State of Florida, Mr. Cole was charged with committing the crime of lewd or lascivious molestation. He went to trial, and a jury found him not guilty. Following the jury’s decision, Cole filed a petition with the court asking to have his record sealed. The presiding [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
In the case of Anderson v. State of Florida, the relevant facts are as follows: In 1993, Mr. Anderson pled no contest to charges of grand theft and aggravated stalking in connection with an incident in which he grabbed a former girlfriend’s purse and ran away. The purse was recovered and no violence or threat [...]
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.
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.