THE STATE OF FLORIDA, APPELLANT,
v.
S.C., APPELLEE
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The State appeals an order expunging S.C.'s criminal record for an aggravated battery charge filed when S.C. was a juvenile but direct-filed into adult court. The court reverses because S.C. failed to follow the mandatory statutory procedure for expungement, requiring a formal petition with supporting affidavit and proper notice to the prosecution.
The expungement order must be vacated because S.C. failed to comply with the statutory mechanism established for seeking expungement relief. The defendant may seek expungement if done in compliance with established Florida law.
[1] A petition to seal or expunge a court record must be in writing, state the grounds and official records to which it is directed, and be supported by an affidavit detailin…
[2] A copy of the petition and supporting affidavit must be served on the prosecuting attorney, arresting authority, and the Florida Department of Law Enforcement.
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Join FLexlaw to unlock all legal intelligence“All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing, filed with the clerk. The petition shall state the grounds on which it is based and the official records to which it is directed and shall be supported by an affidavit of the party seeking relief”
Establishes the mandatory statutory requirement for formal written petition with affidavit to seek expungement relief
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Join FLexlaw to unlock all legal intelligenceOn January 24, 1997, the state filed an information charging S.C., a minor born May 3, 1979, with aggravated battery. The case was direct-filed into a…
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NESBITT, Senior Judge.
The State appeals-an order granting defendant S.C.’s motion to expunge the court record concerning the charge filed against him. The order is renewable by appeal. See Capuano v. State, 347 So. 2d 629 (Fla. 4th DCA 1977).
Florida Rule of Criminal Procedure 3.692 provides in part:
Petition to Seal or Expunge
(a) Requirements of Petition. All relief sought by reason of sections 943.0585-943.059, Florida Statutes, shall be by petition in writing, filed with the clerk. The. petition shall-state the grounds on which it is based and the official records to which it is .directed and shall be supported by an affidavit of the party seeking relief, which affidavit shall state with particularity the statutory grounds and the facts in support of the motion. A copy .of the completed petition and affidavit shall be served on the prosecuting attorney, the arresting authority, and the Florida Department of Law Enforcement. Unless the state indicates that it has no objection to the requested relief, no petition may be granted until at least 30 days after service of the copies of the petition and affidavit. Notice and hearing shall be as provided in rule 3.590(c).
On January 24, 1997, the state filed an information against S.C. charging him with aggravated battery in violation of section 784.0085(l)(a)(2) Florida Statutes (1997). The information' alleged that S.C.; born May 3, 1979, struck another minor with a bat. The state attorney direct filed S.C. into adult court.
On May 29, 1997, S.C. entered a guilty plea and was sentenced to juvenile sanctions, pursuant to section 39.059(7)(C), Florida Statutes (1997). S.C. was given a withhold of adjudication and placed on probation with a number of special conditions.
On September 15, 1999, after successfully completing his juvenile sentence, in an effort to have his file become confidential, S.C., by ore tenus motion, sought to have his file moved to juvenile court.
The state argued that S.C.’s case was direct filed into adult court and that he should be treated as an adult with respect to the administration of his file. The state objected to the sealing and ex-pungement. After some further discussion, but without the statutorily required petition or supporting affidavit after notice ever having been offered, the trial judge entered the order to expunge S.C.’s court record concerning the charge.
The State argues .that S.C.’s failure to follow the procedure established in Florida Rule of Criminal Procedure 3.692 and sec tions 943.0585 and 943.059, Florida Statutes (1999), mandate reversal. We agree. The statutory mechanism established for the relief sought in the instant case was not followed. Accordingly, we vacate the order under review without prejudice to S.C.’s ability to seek to expunge his record if done in compliance with established Florida law.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blackman v. State, 788 So. 2d 1087 (Fla. 4th DCA 2001)…denial of his motion to expunge the record and/or to terminate probation and/or to mitigate or modify sentence. This court has appellate jurisdiction to review only the denial of Blackman’s motion to expunge the record.1 See State v. S.C., [*1088] 762 So. 2d 1008 (Fla. 3d DCA 2000); Capuana v. State, 347 So. 2d 629 (Fla. 4th DCA 1977). We redesignate the petition as a request for appellate review and treat the petition as Blackman’s initial brief. Having reviewed Blackuian’s motion and the transcripts prov…
Authorities Cited
- Capuano v. State, 347 So. 2d 629 (Fla. 4th DCA 1977)