Legal Topics

Criminal Law — Criminal Record — Sealing — Hearing — Victim’s Rights — Court Is Not Required To Conduct Hearing On Petition To Seal Criminal Record When It Grants Petition, Only When It Denies Petition

Oct 25th, 2019 in News by admin

Criminal law — Criminal record — Sealing — Hearing — Victim’s rights — Court is not required to conduct hearing on petition to seal criminal record when it grants petition, only when it denies petition —

No merit to state’s argument that, under original victim’s rights amendment to Florida Constitution, individual who was victim of battery that state declined to prosecute has right to be heard in proceedings related to sealing record of resisting charge that state did prosecute — Marsy’s Law appears to entitle victims to be informed of and provide information in expungement and clemency procedures, not record sealing procedures — Moreover, victim of battery for which defendant was not prosecuted ceased to be victim entitled to victims’ rights provided by Marsy’s Law when state declined to prosecute battery charge — Even if battery victim is victim for purposes of Marsy’s Law, permitting his involvement in proceedings related to sealing record would infringe on defendant’s constitutional right to due process and fair trial — Petition to seal is granted