Florida Expungement News

Since a person that seeks to have his or her criminal arrest record sealed or expunged is dependent upon the current law - not the law in effect when he or she was arrested - it is important to keep abreast of the potential changes that could be heading in our direction.  Here we have listed Florida legislative updates we have come across of importance.  It is important to stay on top of the law because there are many legislators out there that think all people who have been arrested should be exposed as criminals for the rest of their lives and try to tear down the expungement laws.

Recent Legislative Updates

The Florida legislature convenes every year in February, March, April.  Every year they believe it is their job to pass more and more laws.  We watch to see if any of their harebrained ideas affects the laws regarding Florida expungements.

• Senate Bill 250, 2008
  The Florida Legislature finally gets it right!
  Some modifications to the expungement statute allowing for an expungement when a defendant is acquitted of the charge he was arrested for.

Recent Florida Case Law on Expunging or Sealing Records

• William G. Harrison v. State, 14 Fla. L. Weekly Supp. 702a (9th Jud. Cir. May 14, 2007)
  - Court cannot base denial of petition on charges never brought against the defendant.  This is a good case with many citations.
• S.L.P. v. State, 949 So.2d 1150 (Fla. 3d DCA 2007)
  - Court cannot deny petition if defendant meets requirements and basis for denial is that public interest to have access outweighs defendant's interest in sealing record.  Trial court may deny petition if there is good reason for the denial based on facts and circumstances of individual case.
• Beverly Bertram, et al v. State, 14 Fla. L. Weekly Supp. 358a (9th Jud. Cir. January 5, 2007)
  - If petition meets the statutory prerequisites then the court must grant the petitioner a meaningful hearing.
• Kimberly A. Nordstrom v. State, 14 Fla. L. Weekly Supp. 234a (9th Jud. Cir. October 12, 2006)
  - Court must list good reason for denial of petition.
• Orozco v. State, 920 So.2d 208 (Fla. 4th DCA 2006)
  - Summary denial of petition is error.  Complying with statutory requirements presumptively entitles defendant to relief.  Court may deny petition upon stated good reason based upon facts and circumstances of individual case.
• State v. Dempsey, 916 So.2d 856 (Fla. 2d DCA 2005)
  - Case references sealing and expungement statutes in regard to obtaining employment with a school board and the requirement to disclose arrest information.
• DHSMV v. Rigau, 901 So.2d 339 (Fla. 2d DCA 2005)
  - License suspensions fall outside the scope of the expungement and sealing statutes. 

Significant Caselaw

S.L.P. v. State, 949 So.2d 1150 (Fla. 3d DCA 2007)

Oymayan v. State, 765 So.2d 813 (Fla. 1st DCA 2000)

Anderson v. State, 692 So.2d 250 (Fla. 3d DCA 1997)

Smith v. State, 614 So.2d 525 (Fla. 5th DCA 1993)