Merritt v. State

ERVIN, Judge.

Joseph David Merritt appeals an order of the circuit court denying his petition to seal his criminal history record. We reverse and remand with directions that the petition to seal be granted.

Following appellant’s plea of guilty to possession of a controlled substance and acceptance of a negotiated sentence, result*94ing in the withholding of adjudication of guilt and a one year period of probation, appellant served the same and then sought to seal his criminal record by filing a petition 1 pursuant to Section 943.058, Florida Statutes.2 Appellant swore in an affidavit that he had…