Gotowala v. State

Edward Gotowala appeals the order denying his motion to seal his criminal records. Because the trial court failed to hold an evidentiary hearing, we reverse.

The trial court has denied Goto-wala’s motion three times, each time without holding an evidentiary hearing, and twice in reliance on allegations stated in the probable cause affidavit that led to Gotowala’s arrest. A court may not deny a petition to seal a criminal record based solely upon its consideration of the facts as outlined in the probable cause affidavit. Rather, the court must consider the facts actually established in the…