Expungement Case Law

Expungement Case Law

Judicial Decisions Updated

Statewide Representation

What is Case Law

Expungement case law are the judicial decisions of appellate courts interpreting expungement and sealing law. The rulings have binding effect in the jurisdiction 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.

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 districts and persuasive throughout the other districts except the one in conflict. Circuit court decisions are binding in their district and can be persuasive throughout the state absent any conflicts.

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

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 me here.

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Florida Record Expungements and Sealings