A Judge's Discretion to Deny Your Petition to Expunge Your Criminal Record is Limited

           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.

Being Adjudicated Guilty and Getting Your Record Sealed

           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.

Your Right to Expunge Your Record Versus the Public's Right to Know

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!

 
An article that I wrote on my website, Florida Criminal Records:  Frequently Asked Questions, examines this particular case and why it was that the court of appeal ordered the trial judge to seal S.L.P.'s criminal record.

Florida Law Presumes that Your Criminal Record Should Be Expunged

           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.

See My New and Improved Criminal Records Website

          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!

How Many Criminal Records Can You Seal?

          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.

Is Sealed or Expunged Information Ever Released to Anyone?

          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.

What is an Administrative Expunction?

          Sometimes a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney’s Office or because the State Attorney’s Office decides not to prosecute the case. When that happens, there is a procedure whereby an individual can request that the Florida Department of Law Enforcement administratively expunge the arrest record.  That procedure is discussed in my article entitled "How to Get Your Criminal Record Administratively Expunged."