In the case of Wells versus the State of Florida, Kim Wells appealed a judge's decision denying her petition to expunge her criminal record without first holding a hearing. An article that I wrote on my website, Florida Criminal Records: Frequently Asked Questions, examines the Wells case and why it was that a court of appeals agreed with her.
In the case of Julie Matthews versus the State of Florida, Ms. Matthews appealed a judge's decision to not expunge her criminal record for grand-theft auto because she had been previously adjudicated guilty of DUI.
An article that I wrote on my website, Florida Criminal Records: Frequently Asked Questions, looks at the Matthews case and why it was that an appellate court agreed with the judge's decision to not expunge Ms. Matthews' criminal record.
In the case of S.L.P. versus the State of Florida, a judge refused to grant an individual's request to seal her criminal-history record solely because the judge believed that the public's interest in having access to that person's record outweighed her interest in sealing her record. S.L.P. appealed the judge's decision and won!
In a recent Florida case, a judge denied a person's request to expunge his criminal record even though the prosecutor's office had decided to not file any charges. The person appealed the judge's decision, and the court deciding his appeal agreed with him. The appellate court stated that while Florida law does not give someone the legal right to have his record expunged, the law does presume that a record should be expunged if the person making the request satisfies all of the legal requirements for expunging his record.
An article that I wrote on my website, Florida Criminal Records: Frequently Asked Questions, looks at this particular case and at how the appellate court arrived at its conclusion that the trial judge was required to reconsider the person's request for expunction.
My website Florida Criminal Records: Frequently Asked Questions has some new features that I hope you will look at. For one, I have added a section that makes it easier for you to send me questions regarding sealing or expunging your record. A second new feature allows you to complete a short survey that tells you whether you may be eligible to have your record sealed or expunged.
I hope these new features make it easier for you to navigate my criminal-records website. Please check it out!
In the case of Cline vs. State of Florida, the issue was whether Mr. Cline could have two different criminal-history records sealed. An article that I wrote on my website Florida Criminal Records: Frequently Asked Questions looks at how one Florida court answered this question.
I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone. An article that I wrote on my website Florida Criminal Records: Frequently Asked Questions tries to answer this question.
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.
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.
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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