Expungement of Criminal Records and Judges' Rulings
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. An article that I just posted on my Florida Criminal Records FAQ website examines one case in which the judge hearing the matter did precisely that. Please read that article if you would like to learn more.
Mr. Chapman,
I had an incident in 2005 in Palm Beach County. I was never convicted and my charge was downfield from a felony to a misdemeanor. Several months ago I had my case expunged. I checked with Palm Beach County and the FDLE and there is no record of my arrest. More recently, I was applying for an internship and the company did a background search. My state and county was clear. However, my national showed my arrest record. I had to show this company my expundgement papers and face embarrassment. I still got the internship. However, I feel I should not have to go through this aggravation. The company was First Advantage. Why would my information still come up on a national background search? Can I take legal action for injunctive relief to have it removed? Am I going to have to face this every time a company does a background check even though I had my arrest expunged?
Attorney Chapman's response:
When a judge orders a criminal history record expunged, that order goes to various law enforcement agencies that have a record on file of your case. However, a company that does background checks and has information about your case will not receive that order unless you or your attorney send it to them. If you do that and the company still refuses to delete your criminal record information from its database, then you should contact the Sealing & Expunging Section at the Florida Department of Law Enforcement and have them contact the company. When that occurs, most companies will delete the expunged record from their database.
I had a DUI back in 2004. Since all employement opportunities now perform a background check, how can I get this removed? I am sure it is detrimental to me for consideration of employment.
Attorney Chapman's response:
You can try to get your conviction vacated, but that will be very difficult to do.
What process needs to take place for your conviction to be vacated?
Attorney Chapman's response:
You will have to file a motion with the court.