A Judge Cannot Deny Your Request to Expunge Your Record Without Giving You a Specific Reason

Posted on August 15, 2010 by Ron Chapman

          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. 

A new FAQ article that I posted on my website Florida Criminal Records:  Frequently Asked Questions looks at a case in which the judge failed to provide such a reason.

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Does Getting a Pardon from the Governor Automatically Mean That You Can Get Your Record Sealed or Expunged?

Posted on January 29, 2010 by Ron Chapman

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.  An article that I posted on my website Florida Criminal Records:  Frequently Asked Questions discusses that case.

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Can Even a Serious Charge Such as Murder Be Expunged?

Posted on December 11, 2009 by Ron Chapman

          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.  An article that I posted on my website Florida Criminal Records Frequently Asked Questions examines one case in which the judge mistakenly did just that.

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Expungement of Your Criminal Record and Your Right to Have a Hearing

Posted on October 3, 2009 by Ron Chapman

When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court including a certificate of eligibility issued by the Florida Department of Law Enforcement, that person is legally entitled to have her record sealed unless the judge hearing the case finds that there is a good reason to not do so.  But when a judge fails to schedule a formal hearing to consider the request, that case may very well be reversed on appeal. A look at one such case appears in an article I posted on my Florida Criminal Records FAQ website.

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Expungement of Criminal Records and Judges' Rulings

Posted on September 26, 2009 by Ron Chapman

          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.

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