If you want to clear your record in Florida, talking to a lawyer in Jacksonville about expunging your Florida record is a good idea. A Jacksonville Florida attorney may be able to expunge your Florida criminal record. The Florida expunction law that permits a Duval County court to expunge a Florida record is Florida Statute 943.0585. Florida Statute 943.0585 states that it “does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.” VDF v. State, 19 So. 3d 1172, 1174 – 75 (Fla. 2009) (citing Wells v. State, 807 So. 2d 206, 207 n.2 (Fla. 5th DCA 2002). If “a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial court the discretion to deny expunction . . . ‘if there is a good reason for denial based on the facts and circumstances of the individual case.'” VDF,19 So. 3d at 1175.
VDF v. State is a Florida case that discusses clearing your record in Jacksonville, Florida. In VDF, a Jacksonville criminal defendant petitioned to have his record expunged in Jacksonville, Florida. The Duval County trial court judge denied his petition to expunge his Florida record. Instead, the Duval County judge decided to seal the Florida criminal record. The reason the Duval County judge sealed the Florida criminal record instead of expunging this Florida record was because the judge “determined ‘based on the totality’ of what had been presented at the hearing that the records would be sealed, but not expunged, so that it could be determined at some later time whether it would be appropriate for law enforcement to have access to the records.”
After the Duval County judge denied the Jacksonville criminal defendant’s request to have his record expunged in Florida, he appealed. The Florida appellate court reversed the Duval County trial court’s decision to deny VDF’s request to expunge his Florida criminal record and only seal his Florida criminal record. The Florida appellate court ruled that “denial of VFD’s petition on grounds that the records, if not expunged, might for reasons applicable in any case prove useful in the future falls short of the exercise of discretion that the statute requires.
As a Jacksonville criminal lawyer that expunges records in Florida, I have argued to seal and expunge Florida criminal records. For example, I have argued for a Jacksonville Petition to Expunge a Sexual Battery Record. In this Jacksonville sexual battery case, the Jacksonville sexual battery charges were dropped. The Jacksonville criminal defendant has never been arrested for anything else. Because the Jacksonville criminal defendant filled all the requirements to expunge his Florida criminal record and followed Florida’s procedure to expunge a criminal record, I asked the court to expunge the Jacksonville record. Without scheduling a hearing on my petition to expunge the Florida record, the Duval County Circuit Court judge denied my request to expunge this Jacksonville sexual battery arrest. So, I asked for a hearing to erase this Jacksonville criminal record.
At the hearing on the Jacksonville Petition to expunge the Florida criminal record, the Duval County State Attorney argued that the reason the Jacksonville Sexual Battery Record should not be expunged from his Florida record was due to the fact that the Duval County State Attorney may want to use the Jacksonville criminal arrest record against the individual in the future if another Jacksonville sexual battery charge arises. This was not a good enough reason to refuse to expunge a Florida criminal record in Jacksonville. The Florida First District Court of Appeals has ruled that this is not a valid reason to deny a petition to expunge (VDF v. State, 19 So. 3d 1172, 1175 (Fla. 1st DCA 2009). Once the Duval County judge over the petition to expunge the Jacksonville record saw this and other Florida cases about sealing and expunging records in Florida, the Duval County judge followed Florida case law and granted the Jacksonville Petition to Expunge the Criminal Record.
If you would like to seal or expunge your Florida criminal record, talk to a Jacksonville record sealing lawyer. At 20 Miles Law, a Jacksonville criminal defense attorney with experience in sealing and expunging Florida criminal records will listen to you and help you see if you can clear your record in Florida. You can email or call a Jacksonville record sealing lawyer at the Jacksonville Law Office.