Gotowala v. State
District Court of Appeal of Florida
1Opinion of the CourtStevenson, J.
We reverse the trial court’s denial of defendant’s petition to seal his criminal record and remand for further proceedings. Here, the trial court summarily denied the petition despite the fact that defendant complied with all of the requirements of section 943.059(1), Florida Statutes (2013) and Florida Rule of Criminal Procedure 3.692, and the State filed a written response of no objection. While the trial court has broad discretion under section 943.059 to deny a petition to seal criminal records, this discretion is not unlimited.1 Here, the trial court’s summary denial of the petition…
2Cases cited2 opinions
- Godoy v. StateDistrict Court of Appeal of Florida · 2003
- Shanks v. StateDistrict Court of Appeal of Florida · 2012
3Cited by3 opinions
- Edward Gotowala v. State of FloridaDistrict Court of Appeal of Florida · 2016
- Cole Borg v. State of FloridaDistrict Court of Appeal of Florida · 2015
- Simone Maxwell, a/k/a Symone Maxwell v. State of FloridaDistrict Court of Appeal of Florida · 2016