State v. D.H.W.

ALTENBERND, Judge.

The state appeals an order declaring section 943.059(2), Florida Statutes (1993), unconstitutional. That statute requires applicants seeking to seal nonjudicial criminal history records to obtain a certificate of eligibility for sealing from the Florida Department of Law Enforcement (FDLE) prior to petitioning a court for an order sealing the records. We agree with the trial court that the opinions in Amendments to Florida Rules of Criminal Procedure 3.133, 3.692, 3.986, 3.987 and 3.989, 630 So.2d 552 (Fla. 1993), modified, 639 So.2d 15 (Fla.1994), appear to hold that the…