EDWARD GOTOWALA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gotowala appeals the trial court's second denial of his petition to seal criminal records. The Fourth District Court of Appeal reverses, holding that the trial court must provide specific, individualized reasons for denying a sealing petition rather than relying on generalized public safety concerns.
No. When a petitioner satisfies statutory requirements, they are presumptively entitled to sealing relief. Although the trial court has discretion to deny such petitions, that discretion is not unfettered and cannot be exercised based on generalized considerations. The trial court must provide specific reasons tied to the facts and circumstances of the individual case.
[1] A trial court must provide specific reasons for denying a petition to seal criminal records, rather than relying on generalized considerations.
[2] A trial court's discretion to deny a petition to seal criminal records is not unfettered and must be based on the facts and circumstances of the individual case.
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Join FLexlaw to unlock all legal intelligence“When a petitioner satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is "presumptively entitled to an order to seal or expunge court records."”
Establishes the presumptive entitlement to sealing relief upon meeting statutory requirements.
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Join FLexlaw to unlock all legal intelligenceGotowala petitioned to seal his criminal records. On first appeal, the court reversed because the trial court summarily denied the petition without an…
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In Gotowala v. State, 162 So.3d 33 (Fla. 4th DCA 2014), we reversed because the lower court summarily denied Gotowala’s petition to seal his criminal records. We instructed the trial court to conduct an evidentiary hearing or provide written reasons as to why it was denying the petition.
On remand, the lower court again denied Gotowala’s petition. It did not conduct an evidentiary hearing. Instead, it relied on the facts to which Gotowala pled, which were set forth in a law enforcement officer’s probable cause affidavit. The lower court’s reason for denying the petition was that the facts of Gotowala’s case were such that sealing his criminal record would “pose[] a danger to the citizens of Bro-ward County and the general public.”
Because the trial court’s order does not give specific reasons for denying Goto-wala’s petition but is merely based on generalized considerations, we reverse.
When a petitioner satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v. State, 692 So.2d 250, 252 (Fla. *5703d DCA 1997). Nonetheless, the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059, Fla. Stat. This discretion is not unfettered however. 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.” Borg v. State, 169 So.3d 261, 262 (Fla. 4th DCA 2015); see, e.g., Gonzalez v. State, 565 So.2d 410, 411-12 (Fla. 3d DCA 1990) (stating it was not an abuse of discretion for the tidal court to find that, because the petitioner was a public employee, the public had a right to know of the petitioner’s criminal history).
In the instant case, the lower court’s mere reliance on the facts as láid óut in a probable' cause affidavit does not show “the court ma[d]e its decision based on consideration of all the facts and circumstances” of Gotowala’s case. Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003) (citation omitted). Moreover, the court’s order does not indicate the specific facts that led it to conclude that sealing Gotowala’s records would pose a danger to public safety.
We remand , with instruction that the trial court must provide specific reasons for denying Gotowala’s petition. The trial court may do so in a written order or after conducting an evidentiary hearing. But, in any .event, the record must be clear that the decision was based on facts and circumstances of Gotowala’s individual case and not merely “generalized considerations.” '
Reversed and remanded for further proceedings.
CONNER and FORST, JJ., concur.
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J.A.H. v. State, 198 So. 3d 884 (Fla. 4th DCA 2016)…t valid, and requesting an opportunity to present evidence. The trial court entered an order denying the motion [*886] for rehearing. J.A.H. gave notice of appeal. We review the trial court’s order for an abuse of discretion. See Gotowala v. State, 184 So. 3d 568, 570 (Fla. 4th DCA 2016). As the State concedes, the' trial court erred in failing to hold a hearing and failing to enumerate reasons for denying the petition. Two of our recent decisions support reversal. In Gotowala, we noted that we had previous…
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Nelsa McGann Grey v. State, 199 So. 3d 988 (Fla. 4th DCA 2016)…n of our April 27, 2016 opinion and modify the last paragraph as shown below. Appellant appeals the trial court’s order denying her petition to seal her criminal record. The State concedes error pursuant to our recent decision in Gotowala v. State, 184 So. 3d 568 (Fla. 4th DCA 2016). Accordingly, we reverse. After initially being charged with one offense, Appellant negotiated a plea with the State and pleaded no contest to a lesser offense. The court accepted Appellant’s plea, withheld adjudication, and sen…1 / 2
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Gotowala v. State, 220 So. 3d 1212 (Fla. 4th DCA 2017)…on its consideration of the facts as outlined in the probable cause affidavit. Rather, the court must consider the facts actually established in the petitioner’s case. Grey v. State, 199 So. 3d 988, 990 (Fla. 4th DCA 2016) (citing Gotowala v. State, 184 So. 3d 568, 570 (Fla. 4th DCA 2016)). Where a petitioner seeks to have his criminal record sealed and meets all the requirements of section 943.059, Florida Statutes, the trial court may in its discretion deny relief but only after holding an evidentiary heari…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anderson v. State, 692 So. 2d 250 (Fla. 3d DCA 1997)
- Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003)
- Gonzalez v. State, 565 So. 2d 410 (Fla. 3d DCA 1990)
- Cole Borg v. State, 169 So. 3d 261 (Fla. 4th DCA 2015)
- Fetterman & Assocs., P.A. v. Friedrich, 162 So. 3d 33 (Fla. 4th DCA 2014)
- Gotowala v. State, 162 So. 3d 33 (Fla. 4th DCA 2014)