PHILIP ANDREW CLINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cline appealed an order dismissing his petition to seal court records in a methamphetamine case, arguing the trial court should have considered his petition on its merits despite his prior successful petition to seal records in an unrelated cocaine case. The Florida District Court of Appeal affirmed, holding that Rules 3.692 and 3.989 impose limitations on when courts may seal records, including a prohibition on sealing records for a person who has previously obtained a sealing order.
The court held that Rules 3.692 and 3.989 establish mandatory limitations on sealing judicial records, including a requirement that a petitioner must not have previously secured a records sealing order. Accordingly, a trial court is not required to hold an evidentiary hearing or consider a petition on its merits when the petitioner has previously obtained a sealing order, even in an unrelated case.
[1] A petition to seal court records must comply with Florida Rules of Criminal Procedure 3.692 and 3.989.
[2] Florida Rules of Criminal Procedure 3.989 require a petitioner to affirm that they have not previously secured an order sealing records.
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Join FLexlaw to unlock all legal intelligence“The court need only ensure that a petitioner has complied with rule 3.692 (providing requirements for a petition to seal judicial records) and rule 3.989 (providing a form for the affidavit, petition, and order to seal judicial records).”
Establishes the mandatory procedural requirements courts must apply when evaluating petitions to seal records
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Join FLexlaw to unlock all legal intelligenceIn June 2005, Cline was arrested for cocaine possession and pled guilty with adjudication withheld. In June 2004, Cline was arrested for methamphetami…
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Cline appeals from an order dismissing his petition to seal court records.1 Be*328cause Cline had previously received an order sealing judicial records in a separate and unrelated criminal case, we affirm.
In June 2005, Cline was arrested for possession of cocaine. He pled to the offense and adjudication of guilt was withheld. In June 2004, Cline was arrested for possession of methamphetamine. The State ultimately not prossed the case when Cline entered his plea to the aforesaid cocaine charge. Although resolved at the same time, the two cases were unrelated— involving separate and distinct alleged criminal activity, arrest dates, informa-tions, and court files. In 2008, Cline requested and obtained an order sealing the court record in the cocaine case. He subsequently filed the petition in the instant case seeking to seal the court record in the methamphetamine case.
In his petition, Cline averred that the consequences of keeping the court records public would cause embarrassment and humiliation to him and his family, and would negatively impact his career. On appeal, Cline contends that, notwithstanding the fact that he had previously obtained an order sealing judicial records in an unrelated criminal case, the trial court was still obligated to consider his petition “on the merits.” Cline cites to Johnson v. State, 336 So.2d 93 (Fla.1976) for the proposition that courts have the inherent authority to control their own files. While we agree with this general proposition, Johnson is only the beginning of our analysis.
For purposes of a petition to seal, a distinction must be made between (a) nonjudicial criminal history records, and (b) court records. The sealing of nonjudicial criminal history records, is controlled by section 943.059, Florida Statutes. That statute establishes the requirements that a petitioner must satisfy in order to have his or her nonjudicial criminal history records sealed.2 Anderson v. State, 692 So.2d 250, 251 (Fla. 3d DCA 1997). However, as held in Johnson, the procedure to be utilized for the sealing of court records is within the exclusive jurisdiction of the judiciary.
In Johnson, the supreme court determined that the Legislature’s attempt to regulate the procedure by which courts consider requests to seal court records to be an unconstitutional encroachment on a judicial function. Subsequently, the supreme court exercised its authority to regulate the procedure by adopting Florida Rules of Criminal Procedure 3.6923 and 3.989.4 Accordingly, to obtain the sealing of a court record in a criminal case, an applicant must comply with these two rules. “The court need only ensure that a petitioner has complied with rule 3.692 (providing requirements for a petition to seal judicial records) and rule 3.989 (providing a form for the affidavit, petition, and order to seal judicial records).” State v. D.H.W., 686 So.2d 1331, 1336 (Fla.1996).
Pursuant to Rule 3.692, a petition to seal records shall, inter alia, state the grounds *329upon which it is based, identify the official records to which it is directed, and be supported by an affidavit of the party seeking relief. Rule 3.989 contains forms to be used for the petition, affidavit, and order in which the sealing of nonjudicial criminal history records and/or court records is sought. Each of these forms contains language setting forth that the petitioner must not have previously secured an order sealing records:
PETITION TO EXPUNGE OR SEAL
The petitioner has not secured a prior records ... sealing under section ... 943.059, Florida Statutes ... or any other law, rule, or authority.
Fla. R.Crim. P. 3.989(d).
AFFIDAVIT
* * *
I have never secured a prior records ... sealing under any law.
Fla. R.Crim. P. 3.989(a).
ORDER TO SEAL RECORDS UNDER SECTION 943.059, FLORIDA STATUTES, AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
The petitioner has not secured a prior records ... sealing.
Fla. R.Crim. P. 3.989(c).
Cline suggests that Rules 3.692 and 3.989 do not place any limits on a court’s “inherent authority” to control its records, but only regulate the procedure and types of forms to be utilized. While acknowledging the trial court’s discretion to deny a petition, Cline is, in essence, arguing that there are no rules restricting the trial court’s authority to seal a judicial record. The acceptance of Cline’s argument would mean that trial courts would be required to hold an evidentiary hearing on virtually every petition to seal court records, regardless of 1) the nature and severity of the underlying charged offense(s), 2) the number of prior arrests and/or offenses, 3) the number of prior adjudications, and 4) the number of prior sealings. We reject Cline’s argument.5 We believe the adoption of Rules 3.692 and 3.989 reflect the supreme court’s intent to limit the circumstances in which a party can request the sealing of a record so as to appropriately balance the policy of public access to court records against the competing policy of providing a second chance to criminal defendants. See D.H.W., 686 So.2d at 1336; Anderson, 692 So.2d at 253.
AFFIRMED.
TORPY and COHEN, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 336 So. 2d 93 (Fla. 1976)
- Pansy O. Carlton v. Wal-Mart Stores, Inc., 621 So. 2d 451 (Fla. 1st DCA 1993)
- The Fla. Bar. re Fla. Rules of Crim. Procedure, 343 So. 2d 1247 (Fla. 1977)
- The Fla. Bar re: Amendment to Rules-Criminal Procedure, 462 So. 2d 386 (Fla. 1984)
- Anderson v. State, 692 So. 2d 250 (Fla. 3d DCA 1997)
- State v. D.H.W., 686 So. 2d 1331 (Fla. 1996)
- Amendments to the Florida Rules of Criminal Procedure, 794 So. 2d 457 (Fla. 2000)
- State v. A.B.M., 742 So. 2d 818 (Fla. 2d DCA 1999)