STATE v. PLOTKA

No. 96-0839.

689 So.2d 1174 (1997)

STATE of Florida, Appellant, v. Evan PLOTKA, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellant.

Karen M. Nissen of Vernis & Bowling, P.A., Jupiter, and Evan B. Plotka, Fort Lauderdale, for Appellee.


ANTOON, Judge.

The state appeals the trial court's order expunging the defendant's criminal history record. We must reverse because the defendant failed to file a certificate of eligibility from the Florida Department of Law Enforcement as required by section 943.0585(2), Florida Statutes (1995).

Section 943.0585 provides that the courts of this state "shall not order a criminal justice agency to expunge a criminal history record until the person seeking to...

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