STATE v. HARVILL

No. 5D02-1193.

860 So.2d 999 (2003)

STATE of Florida, Appellant, v. Kevin Scott HARVILL, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 12, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

Terrence E. Kehoe, Law Offices of Terrence E. Kehoe, and James M. Russ, Law Offices of James M. Russ, P.A., Orlando, for Appellee.


ORFINGER, J.

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...

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