Legal Opinion

Hernandez v. State

District Court of Appeal of Florida

Decided August 4, 1992No. 91-2574PublishedCited by 3 opinions

1Per curiam

A 1988 amendment to section 943.058, Florida Statutes, overruled Canter v. State, 448 So.2d 64 (Fla. 3d DCA1984), where we held that following the State’s dismissal of criminal charges, the accused has a substantive right to have court records of the charges closed to public inspection. It is now provided in section 943.058(2)(d):

This subsection does not confer upon any person who meets the criteria set out in this subsection a right to the sealing or expunction of any criminal history record, and any request for sealing or expunction of a criminal history record may be denied at the sole…

2Cases cited1 opinion

  1. Canter v. StateDistrict Court of Appeal of Florida · 1984

3Cited by3 opinions

  1. Anderson v. StateDistrict Court of Appeal of Florida · 1997
  2. Smith v. StateDistrict Court of Appeal of Florida · 1993
  3. Mantilla v. GoldsteinDistrict Court of Appeal of Florida · 1992

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