Legal Opinion

Mantilla v. Goldstein

District Court of Appeal of Florida

Decided August 7, 1992No. 92-01740Published

1Opinion of the Court

Whether a criminal record should be sealed or expunged involves the exercise of judicial discretion, Hernandez v. State, 603 So.2d 105 (Fla.3d DCA 1992), as to which mandamus does not lie. Kloski v. Matecumbe Marina, Inc., 598 So.2d 275 (Fla.3d DCA 1992) (Mandamus not a vehicle to command performance of an act where public officer has discretion).

Mandamus is denied without prejudice to appeal.

NESBITT, FERGUSON and GODERICH, JJ., concur.

2Cases cited2 opinions

  1. Kloski v. Matecumbe Marina, Inc.District Court of Appeal of Florida · 1992
  2. Hernandez v. StateDistrict Court of Appeal of Florida · 1992