Murphy v. State

DAUKSCH, Judge.

Appellant sought to expunge the record of his arrest and conviction of manslaughter under Florida Rules of Criminal Procedure 3.692. He alleged and proved he was tried and convicted of manslaughter and after a successful appeal of his conviction the State declined to retry him and entered its nolle prosequi. The statute of limitations for his retrial has run.

At the hearing on his motion to expunge the appellant presented his affidavit that he had never been convicted of a criminal offense or a municipal ordinance violation and was released of the “instant charges” without…