Expungement Case Law

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Provided for quick reference to legal decisions by fellow lawyers and non-lawyers.

What is Case Law

Case law is the judicial decisions of appellate courts interpreting the legislative statutory law alongside other case law interpretations. The rulings have binding effect in the jurisdiction (circuits and/or districts) in which they are issued. They are typically from District Courts of Appeal. However, some are from Circuit Courts (in their appellate capacity), and some are from the Supreme Court of Florida.

⚖ Legal References

A Supreme Court decision is binding throughout the state. Rulings from the district courts are binding throughout the state unless there is a conflict from another district. In that case, the ruling is binding in their district and persuasive throughout the other districts except the one in conflict. Circuit court decisions are binding in their circuit and can be persuasive throughout the state absent any conflicts.

There is one Supreme Court, there are five District Courts, and twenty Circuit Courts.

⚖ Expungement Locations

I have listed most decisions on the following pages, broken down by topic. When reading these cases be cognizant of whether the case is dealing with a sealing or an expungement. You should also note what court issued the ruling (5th DCA, 20th Circuit, etc.). There are few conflicts with these cases and I will note where they occur.

Categorized List of Expungement Case Law

Below are links to the main topics for sealing and expungement case law:

⚖ Discretion of the Court

⚖ Certificate of Eligibility

⚖ Right to Meaningful Hearing

⚖ When FDLE Refuses a Certificate of Eligibility

⚖ Judicial and Non-Judicial Records

⚖ Sealing or Expunging Multiple Arrests

⚖ Applicable Law/Date of the Petition

⚖ The Effect of a Pardon

⚖ The Effect of Plea Modifications

⚖ Prior Convictions

⚖ Unsealing Court Records

⚖ Administrative Expungements

Lawful Self-Defense

⚖ Human Trafficking

Below I have listed some posts regarding issues that have come up during my experiences dealing with the State Attorney’s Office, Florida Department of Law Enforcement, and the Courts, that have not resulted in case law but present the possibility.

Although I try to keep up with all the new cases, it is possible that some are not yet listed here. You must understand that this list may not be exhaustive or complete. For more information on representation contact us here.

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⚖ More Information about Florida Expungements:

Florida Record Expungements