In one case, the Florida Second District Court of Appeal held that while a judge has discretion to deny a qualfying petition for expungement, the seriousness of the offense and an allegation of a previous similar offense were insufficient reasons to permit the discretionary denial of the petition. See Harman v. State, 34 Fla. L. Weekly D1336 (Fla. 2d DCA July 1, 2009).
In the other case, the Florida Third District Court of Appeal held that the Florida Department of Law Enforcement (FDLE) cannot issue a certificate of eligibility [1] to seal records related to some charges while other charges arising from the same arrest remain pending in the state criminal court. See A.J.M. v. Florida Dept. of Law Enforcement, 34 Fla. L. Weekly D1337 (Fla. 3d DCA July 1, 2009).
We'll keep you posted as other noteworthy appellate decisions are issued.
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