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The Newest Treatment Blog Post
Judge's Discretion to grant or deny a Petition to Expunge.
It is not an automatic given that a client's Petition to Expunge of Seal a criminal record will be granted by the Judge. This applies even when the petitioner meets all statutory criteria for an Expungement and the State Attorney does not object. However, Due Process must be afforded to the Petitioner in all cases. There are differences in how Expungements are processed in different counties in Florida.
Florida law provides that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” However, that discretion is limited. For example, in the case of Kim Wells versus the State of Florida, Ms. Wells filed a petition with the court asking that her criminal record be expunged.
The Office of the State Attorney replied acknowledging that she was, in fact, legally eligible to have her record expunged and that the presiding judge should therefore hold a hearing at which time he could decide whether Ms. Wells’ record should be expunged. Instead of following that procedure, however, the judge simply denied Wells’ petition without a hearing.
Wells then appealed the judge’s decision to Florida’s Fifth District Court of Appeal which ruled that the lower-court judge had to hold a hearing before deciding how to rule on Wells’ petition. The appellate court stated, “[W]e believe that once the court was presented with a proper petition for sealing and expunction, unopposed by the [prosecutor], the matter should have been set for hearing, as requested by the [prosecutor], and not summarily denied. [Florida law] contemplates that a hearing will be afforded when requested.”
In other words, the appellate court did not say that the lower-court judge was required to expunge Wells’ criminal record; however, the lower-court judge was required to set the matter for hearing before deciding the issue.
Each county in Florida is unique in how Expungement and Sealing Petitions are handled. For example, in Broward County, when all statutory requirements for Expungement are met and the State Attorney does not object, a Judge will routinely sign the Order for Expungement. However, in Palm Beach County, just north of Broward, a hearing is held on all petitions to expunge, even where FDLE has granted a Certificate of Eligibility and the State Attorney does not object.
At ASI, we will coordinate and facilitate the process of Sealing or Expungement of Criminal records and provide support each step of the way. If you think you may be an eligible candidate, feel free to call us and we will answer any questions you may have.
Myles B. Schlam, J.D.,CCJAP
Advocare Solutions, Inc. - CEO
(954) 804-6888
WWW.DRUGCOURTPRO.COM
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RECENT POSTSJUDGE'S DISCRETION TO GRANT OR DENY A PETITION TO EXPUNGE.
It is not an automatic given that a client's Petition to Expunge of Seal a criminal record will be granted by the Judge. This applies even when the petitioner meets all statutory criteria for an Expungement and the State Attorney does not object. However, Due Process must be afforded to the Petitioner in all cases. There are differences in how Expungements are processed in different counties in Florida.
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| HISTORY BEHIND BROWARD DRUG COURT.
Broward County Drug Court was the second drug court in the state of florida and the third in the nation. Led by the Honorable Judge Robert J. Fogan, it was a great success. This blog is a brief summary of how the court system dealt with drug abuse offenders prior to the establishment of Drug Court.
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| FLORIDA DRUG COURT STANDARDS
In order to be recognized as a drug court in Florida, the following standards must be adhered to at a minimum, pursuant to section 397.334, Florida Statutes (2001). These standards were adopted in 1999 by the Supreme Court Steering Committee on Treatment-Based Drug Courts from "Defining Drug Courts: The Key Components," U.S. Department of Justice, Bureau of Justice Assistance (1997).
| DRUG COURTS: BRIDGING THE GAP
Developing an effective system to divert nonviolent drug offenders to community treatment takes strong communication between the courts and the treatment providers. The common goal is to rehabilitate the drug offender and prevent recidivism. Why do Drug Courts provide an excellent opportunity to intervene? How can Drug Courts bridge the gap between the courts and the treatment agencies?
| NEW YORK'S SUCCESS WITH DRUG REFORM
There has been a remarkable reduction in the state prison population in recent years in the state of New York. Specifically noted is that there was a 62% drop in people serving time for drug crimes today compared with 2000, according to expert analysis. Clearly there has been a shifting attitudes toward drug offenders and lower crime. Overall prison population declined 22%, according to the stats. Ironically, the drug laws in N.Y. in 1973 under then Gov. Nelson A. Rockefeller helped kick off a massive national prison buildup - and the highest incarceration rate in the industrialized world.
| TECHNICALITIES OF CRIMINAL RECORD EXPUNGEMENTS
This post outlines some technicalities that have presented obstacles in the process of expungement of criminal records. This is a recent illustration of a Drug Court case which was denied certificate of eligibility for Expungement, but granted one for Sealing. The reason for denial was an open-container violation which was processed in another division resulting in a Withhold of Adjudication, but not a Nolle Prosse (Dismissal) which is required in order to get a charge Expunged.
| CRITERIA FOR MARCHMAN ACT INVOLUNARY TREATMENT
What is the standard used to determine whether someone should be court-ordered to treatment in a Marchman Act proceeding? What is the standard length of time for treatment and can additional treatment be ordered? Is an Assessment required before treatment can be ordered?
| WHY GET ASSESSMENT PRIOR TO MARCHMAN ACT HEARING?
This post explains why it is beneficial to have the Respondent of a Marchman Act Petition assessed prior to actually going to court.
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