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STATE v. D.H.W.

No. 95-00883.

666 So.2d 564 (1995)

STATE of Florida, Appellant, v. D.H.W., Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

Paula J. Rhoads of Vega, Stanley, Martin & Zelman, P.A., Naples, for Appellee.

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...

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