Under Florida law, expungement can be denied by the courts and by the certifying authority, which is the Florida Department of Law Enforcement. If the crime was not committed by the party, however, that party’s been convicted of a crime elsewhere or another crime at another time in the state of Florida, then the certificate of eligibility, which is required for expungement, can be denied by the FDLE. The courts can deny an expungement request based off of a number of factors.
But the law here is very, very narrow, very technical. There are certain crimes that are enumerated in the expungement statute that say that you’re not eligible to have these expunged no matter what, even if the charges were dismissed. However, at the end of the day, the court is the one that makes the final determination, assuming that you get the certificate of eligibility from the FDLE. Very technical area, and you should definitely look up an attorney in this area to assist you.
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