DALE CARSON LAW

Expungement can be denied in Florida, and an individual who intends to use this legal avenue must understand that meeting the requirements for eligibility does not guarantee approval. The process starts with filing an application to the Florida Department of Law Enforcement to conduct a preliminary background check. Upon successful eligibility, the individual can then petition the court for expungement which is left completely up to a judge’s discretion. A few things can sway a judge’s decision including the nature of the offense, the petitioner’s overall criminal record, and the prosecution’s opposing arguments.

Though judges rarely deny expungement requests, they have the right to do so if they believe there are public safety concerns or the nature of the offense balances against expungement too strongly. Applicants are entitled to a hearing and may appeal an adverse finding, but this is rarely easy. One seeking expungement should hire a knowledgeable criminal attorney to navigate the legal labyrinth and make the best case for their situation in court.