Summary
In Gotowala v. State, 162 So.3d 33 (Fla. 4th DCA 2014), we reversed because the lower court summarily denied Gotowala's petition to seal his criminal records.
Summary of this case from Gotowala v. StateOpinion
No. 4D13–978.
2014-05-21
Edward GOTOWALA, Appellant, v. STATE of Florida, Appellee.
Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant. Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Matthew I. Destry, Judge; L.T. Case No. 09–18317 CF10A.
Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
STEVENSON, J.
We reverse the trial court's denial of defendant's petition to seal his criminal record and remand for further proceedings. Here, the trial court summarily denied the petition despite the fact that defendant complied with all of the requirements of section 943.059(1), Florida Statutes (2013) and Florida Rule of Criminal Procedure 3.692, and the State filed a written response of no objection. While the trial court has broad discretion under section 943.059 to deny a petition to seal criminal records, this discretion is not unlimited. Here, the trial court's summary denial of the petition frustrates meaningful appellate review. On remand, the trial court must either conduct an evidentiary hearing on defendant's petition or provide a written reason as to why it is denying the petition. See Shanks v. State, 82 So.3d 1226, 1227 (Fla. 1st DCA 2012).
For example, a trial judge cannot deny a petition based solely on his or her distaste for the particular charged crime. See Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003).
Reversed and remanded for further proceedings.
CONNER and FORST, JJ., concur.