In the case of VFD versus the State of Florida, the issue was whether a judge was correct in denying VFD's petition to expunge his criminal record without first hearing evidence and giving specific reasons as to why she was denying his petition. An article that I wrote on my website Florida Criminal Records: Frequently Asked Questions examines how this issue was resolved by one Florida appellate court.
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.
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.
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.
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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