Babun v. State

Mar 12, 1991

90-1270

Versions:576 So. 2d 377

1991 WL 32415

ON CONFESSION OF ERROR

PER CURIAM.

The State concedes, correctly, that the trial court erroneously applied section 943.058, Florida Statutes (1989), in denying a motion to expunge and seal court records showing that the movant was arrested and charged with a criminal offense. The statute, which prohibits the sealing of records in a completed case, does not apply where the charges are nolle prossed.¹Canter v. State, 448 So.2d 64 (Fla. 3d DCA 1984). Accord Merritt v. State, 522 So.2d 93, 94-95 (Fla. 1st DCA 1988); Thomas v. State, 513 So.2d 163, 164-65 (Fla. 2d DCA), rev. denied, 519 So.2d 988 (Fla. 1987); Williamson v. State, 510 So.2d 1052, 1054-55 (Fla. 3d DCA 1987).

Reversed and remanded for further proceedings.

Notes

[1] A nolle prosequi is a formal entry on the record by the prosecutor declaring that there will be no further prosecution of either the entire case, some of the counts, or some of the defendants. 1 Fla.Jur.2d Actions § 105 (1991).