Fisher v. State

WHATLEY, Judge.

Marshall Fisher appeals the order summarily denying his petition to expunge certain criminal records pursuant to Florida Rule of Criminal Procedure 3.692 and section 943.0585, Florida Statutes (2007). The trial court’s order denying Fisher’s petition stated merely that section 943.0585 provides that expunction of criminal history records is at the discretion of the court. We reverse and remand for a hearing on Fisher’s petition. 1

“A trial court has discretion to deny a petition ‘if there is a good reason for denial based on the facts and circumstances of the individual case.’ ”…