STATE OF FLORIDA, APPELLANT,
v.
KEVIN SCOTT HARVILL, APPELLEE
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The court held that a valid certificate of eligibility is a condition precedent to expungement, and its revocation means the statutory requirements were not met.
Harvill sought to expunge his criminal history record and attached a certificate of eligibility from FDLE. However, FDLE later revoked the certificate…
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ORFINGER, J.
The State of Florida appeals the trial court’s order expunging Kevin S. Harvill’s non-judicial criminal history records. We reverse.
Section 943.0585, Florida Statutes (2000), provides that the courts “shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history has applied for and received a certificate of eligibility for expunction.” Here, Harvill filed his petition to expunge and attached the required certificate of eligibility from the Florida Department of Law Enforcement (FDLE). However, several days before the hearing on Harvill’s motion, FDLE advised Harvill’s attorney and the State that it was revoking the certificate of eligibility because FDLE learned that Harvill secured a prior sealing or expunction of a criminal history record in Louisiana.
The existence of a valid certifí-cate of eligibility is a condition precedent to the court’s consideration of an expungement petition. State v. Plotka, 689 So. 2d 1174 (Fla. 5th DCA 1997). We conclude that the trial court erred when it failed to consider that because FDLE revoked the required certificate of eligibility, Harvill had not complied with the required conditions precedent. If Harvill believes that FDLE has erroneously revoked his certificate of eligibility, he may “file either a mandamus petition, or other appropriate action, in the trial court to resolve the dispute.” See Rowell v. State, Fla. Dep’t of Law Enforcement, 700 So. 2d 1242, 1244 (Fla. 2nd DCA 1997). We reverse the trial court’s order and remand the matter for further consideration consistent herewith.
REVERSED AND REMANDED.
SAWAYA, C.J. and PLEUS, J., concur.
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Williams v. State, 879 So. 2d 77 (Fla. 3d DCA 2004)…in passing a procedural issue. Where a certificate of expunction has been denied, the correct procedure to challenge FDLE’s ruling is to file a petition for writ of mandamus in the circuit court, naming FDLE as the respondent. See State v. Harvill, 860 So. 2d 999 (Fla. 5th DCA 2003); Rowell v. State, 700 So. 2d 1242 (Fla. 2d DCA 1997). The FDLE included this information in its letter of denial and the FDLE has correctly stated the procedure. Instead of filing a petition for mandamus the defendant filed a pe…
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Nixon Lazard v. State, 229 So. 3d 439 (Fla. 5th DCA 2017)…cy of a child. . The correct procedure to challenge the denial of a certificate of eligibility is a petition for writ of mandamus naming the FDLE as the respondent. See Williams v. State, 879, So. 2d 77, 78 (Fla. 3d DCA 2004); see State v. Harvill, 860 So. 2d 999, 1000 (Fla. 5th DCA 2003) (holding that party may challenge revocation of certificate by filing either mandamus petition or other appropriate action in trial court). However, as the FDLE concedes, it waived any procedural objection to Lazard’s, moti…
Authorities Cited
- Blanco v. United Mortg. Invs., Inc., 700 So. 2d 1242 (Fla. 3d DCA 1997)
- Rowell v. State, 700 So. 2d 1242 (Fla. 2d DCA 1997)
- State v. Plotka, 689 So. 2d 1174 (Fla. 5th DCA 1997)