Sealing
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 Deny Your Request to Seal Your Record Simply Because Adjudication was Withheld?
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.
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.
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 kinds of criminal charges may not be sealed?
A list of charges that may not be sealed when adjudication is withheld is contained in Florida Statutes section 943.059. (The same listing is found in section 943.0585 because the specified offenses may not be expunged either.) In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated [...]
