State v. J.D.E.

District Court of Appeal of Florida

State v. J.D.E.

622 So. 2d 8, 1993 Fla. App. LEXIS 6047, 1993 WL 188020

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1993

DocketNo. 91-03901

StatusPublished

Cited by2 cases

This text of 622 So. 2d 8 (State v. J.D.E.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. J.D.E., 622 So. 2d 8, 1993 Fla. App. LEXIS 6047, 1993 WL 188020 (Fla. Ct. App. 1993).

Pincite

Opinions

PER CURIAM.

The state challenges the trial court’s order sealing appellee’s court records and criminal history records concerning offenses to which appellee had pled nolo con-tendere in 1987. We affirm in part and reverse in part.

We agree with the state that the order regarding appellee’s court or judicial records failed to include the necessary constitutional findings to justify sealing. State v. P.D.A., 618 So.2d 282 (Fla. 2d DCA 1993) (on motion for clarification).

However, regarding appellee’s nonjudicial criminal records, we do not agree with the state that the order was overly broad. The state, relying upon the definition of criminal history information in section 943.-045(4), takes the position that only “rap sheets” constitute nonjudicial records subject to sealing under section 943.058. Thus, according to the state, records such as police reports, affidavits, and witness statements should not be sealed. We disagree because the broad language of 943.-058(2) states that “the courts may order the sealing or expunction of any other criminal history record.” (Emphasis added.)

[9]*9Affirmed as to nonjudicial criminal records, reversed as to judicial records, and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and SCHEB, JOHN M., Senior Judge, concur. ALTENBERND, J., concurs specially.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The state challenges the trial court’s order sealing appellee’s court records and criminal history records concerning offenses to which appellee had pled nolo con-tendere in 1987. We affirm in part and reverse in part.

We agree with the state that the order regarding appellee’s court or judicial records failed to include the necessary constitutional findings to justify sealing. State v. P.D.A., 618 So.2d 282 (Fla. 2d DCA 1993) (on motion for clarification).

However, regarding appellee’s nonjudicial criminal records, we do not agree with the state that the order was overly broad. The state, relying upon the definition of criminal history information in section 943.-045(4), takes the position that only “rap sheets” constitute nonjudicial records subject to sealing under section 943.058. Thus, according to the state, records such as police reports, affidavits, and witness statements should not be sealed. We disagree because the broad language of 943.-058(2) states that “the courts may order the sealing or expunction of any other criminal history record.” (Emphasis added.)

[9]*9Affirmed as to nonjudicial criminal records, reversed as to judicial records, and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and SCHEB, JOHN M., Senior Judge, concur. ALTENBERND, J., concurs specially.

Cite This Page — Counsel Stack

Bluebook (online)

622 So. 2d 8, 1993 Fla. App. LEXIS 6047, 1993 WL 188020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jde-fladistctapp-1993.

Opinions

Related

Cite This Page — Counsel Stack