Simone Maxwell, a/k/a Symone Maxwell v. State of Florida

On Motion for Rehearing

WARNER, J.

We grant Appellant’s motion for rehearing, withdraw our prior per curiam affir-mance, and substitute this opinion in its place.

Appellant Simone Maxwell appeals the trial court’s denial of her petition to expunge her criminal history record, arguing that it was an abuse of discretion not .to do so, as her judgment of conviction and sentence had been vacated.. We disagree and affirm the trial court’s denial.

While Appellant was a home healthcare provider for an elderly woman, she would leave the woman unattended and tied to her bed, and would give her Ambien to…