A Judge Cannot Deny Your Request to Seal Your Record Simply Because Adjudication was Withheld

           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.

When is the Florida Department of Law Enforcement Not Required to Issue You a Certificate of Eligibility?

          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.

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.  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.