Can a Judge Deny the Motion to Seal or Expunge?

Client’s often ask us: “Is it possible my petition to seal or expunge could be denied?” The short answer is yes, although that is rare.

For an expungement petition, the first issue is whether it meets the requirements of section 943.059, Florida Statutes? If so, the defendant was “presumptively entitled to an order to seal or expunge court records.” Grey v. State, 199 So. 3d 988, 989 (Fla. 4th DCA 2016) (quoting Anderson v. State, 692 So. 2d 250, 252 (Fla. 3d DCA 1997).

The trial court has the sole discretion to grant or deny an expungement petition based on “the facts and circumstances of the individual case.” Gotowala v. State, 184 So. 3d 568, 570 (Fla. 4th DCA 2016) (Gotowala I) (quoting Borg v. State, 169 So. 3d 261, 262 (Fla. 4th DCA 2015)). But “[the trial court’s] discretion is not unfettered[.] The trial court may not deny relief ‘based upon generalized considerations,’ but must provide a good reason based on ‘the facts and circumstances of the individual case.’ ” Id.

Additionally, “it is clear that before denying a petition to seal or expunge criminal records, the trial court must conduct an evidentiary hearing and state specific reasons for denying the petition based on the facts and circumstances of the individual case.” J.A.H. v. State, 198 So. 3d 884, 886 (Fla. 4th DCA 2016) (emphasis added).

In Gotowala v. State, 220 So. 3d 1212, 1213 (Fla. 4th DCA 2017), “the trial court may in its discretion deny relief but only after holding an evidentiary hearing and providing a sound reason based on the facts and circumstances of the petitioner’s case.”

When the appellate court reverses the trial court’s decision for denying a petition for expungement, that reversal is usually because the trial court made its decision based on the facts stated in a probable cause affidavit, rather than evidence presented at an expungement hearing. J.A.H., 198 So. 3d at 887; Grey, 199 So. 3d at 990; Gotowala I, 184 So. 3d at 570.

As a general rule, if the trial court denies the petition, but fails to conduct an evidentiary hearing, and the state presented no evidence of the individual circumstances leading to the arrest, then the court has no discretion to deny the petition. So if the court denies the the petition based solely on facts announced by counsel at the hearing, then the case should be reversed on appeal. For example, in Harman v. State, 12 So. 3d 898, 899 (Fla. 2d DCA 2009), the appellate court determining the trial court erred in relying on the prosecutor’s statements in denying the expungement petition where no testimony or documentary evidence supported the prosecutor’s statements.

Attorneys for Seal or Expunge Hearings in Florida

The attorneys at Sammis Law Firm can help you file a petition to seal or expunge a criminal record, and represent you at any evidentiary hearing if the state objects. We understand the best ways to present the case at any such hearing to request the court grant the petition.

If you represented yourself at the evidentiary hearing and wish to appeal the decision because there were insufficient valid reasons for the court to exercise its discretion in that way, we can also help you appeal the case to a higher court.

We have handled seal and expunge cases throughout the state. You can speak directly with an attorney.

Call 813-250-0500.

This article was last updated on Thursday, January 8, 2026.