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.
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