State v. Harvill

The State of Florida appeals the trial court’s order expunging Kevin S. Harvill’s non-judicial criminal history records. We reverse.

Section 943.0585, Florida Statutes (2000), provides that the courts “shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history has applied for and received a certificate of eligibility for expunction.” Here, Harvill filed his petition to expunge and attached the required certificate of eligibility from the Florida Department of Law Enforcement (FDLE). However, several days before the…