Seal Record
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.
