West Palm Beach Criminal Lawyer Blog : Ronald Chapman: West Palm Beach Criminal Lawyer | Florida Criminal Attorney: DUI, Assault & Battery, Felonies | Criminal Law Firm

           If you were to ask the Florida Department of Law Enforcement ("FDLE") to do a background check on either yourself or someone else, that department would search various state and federal databases for records of such things as arrests, warrants, and domestic violence injunctions.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions looks at what a background check consists of including a list of the databases that are routinely searched.

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           In the case of Anderson v. State of Florida, a judge denied Mr. Anderson's petition to seal his criminal record because he had already received a "break" from the criminal-justice system when adjudication was withheld in his case and when he was allowed to successfully terminate his probation early.  Anderson appealed.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions looks at why a court of appeals decided that Anderson's petition should have been granted.

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          In the case of A.J.M. v. Florida Department of Law Enforcement, the issue was whether the Florida Department of Law Enforcement had to issue a certificate of eligibility to seal a criminal-history record where the charge to be sealed was resolved without an adjudication of guilt, but where remaining charges stemming from the original arrest were still pending.  An article I posted on my website, Florida Criminal Records:  Frequently Asked Questions, looks at how this issue was ultimately decided by a Florida court.

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          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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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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          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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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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          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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