SC02-1493 - R.J.L. V. State Of Florida

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State: Florida

Court: Supreme Court

Docket No: sc02-1493

Case Date: 11/18/2004

Plaintiff: SC02-1493 - R.J.L.

Defendant: State Of Florida

Preview:Supreme Court of Florida
____________ No. SC02-1493 _____________

R.J.L., Petitioner, vs. STATE OF FLORIDA, et al., Respondents. [November 18, 2004] LEWIS, J. We have for review R.J.L. v. State, 818 So. 2d 635 (Fla. 1st DCA 2002), which expressly and directly conflicts with the decision in Doe v. State, 595 So. 2d 212 (Fla. 5th DCA 1992). We originally accepted jurisdiction to review the decision of Randall v. Florida Department of Law Enforcement, 791 So. 2d 1238 (Fla. 1st DCA 2001), on the basis of express and direct conflict with Doe. Unfortunately, the petitioner there, Leonard David Randall, was killed in an automobile accident on or about November 1, 2002, prior to the date upon which oral argument was to occur. This Court subsequently removed Randall from the

oral argument calendar and ordered Randall's counsel to show cause as to why the case should not be dismissed as moot in light of Mr. Randall's untimely death. The acceptance of jurisdiction in R.J.L., which concerns the identical issue as presented in Randall, had been stayed, pending resolution of Randall. Subsequently, Randall was dismissed as moot and this Court accepted jurisdiction in R.J.L. to ensure resolution of the issue presented. Although the entirety of the opinion in R.J.L. consists of the following: "PER CURIAM. AFFIRMED. See Randall v. Florida Dep't of Law Enforcement, 791 So. 2d 1238 (Fla. 1st DCA 2001), rev. granted, No. 01-2135, 817 So. 2d 849 (Fla. Apr. 12, 2002)," R.J.L., 818 So. 2d at 635, jurisdiction is proper under article V, section 3(b)(3) of the Florida Constitution. R.J.L. explicitly relied upon Randall, which this Court recognized was in express and direct conflict with Doe. Therefore, as Randall was in conflict with Doe, likewise is R.J.L. The record reflects that in 1953, R.J.L. was convicted of kidnapping without ransom. Subsequently, he was granted a full pardon by Governor Leroy Collins in 1959. The complete text of the pardon read: [R.J.L.], who was convicted in the Court of Record, Escambia County, Florida, June term 1953, of the offense of Kidnapping Without Ransom, and sentenced to serve three years in the State Prison, should now, upon showing made, be granted a full and complete pardon; it being shown to the Board that since said conviction he has lived a law-abiding life, and that the Florida Parole Commission, after making a thorough investigation, recommended that he be granted a full and complete pardon. -2-

Therefore, Be it Known that the said [R.J.L.] be, and he is hereby granted a full and complete pardon of the above offense, thereby restoring to him full and complete civil rights. In 2000, R.J.L. applied to the Florida Department of Law Enforcement (hereinafter "FDLE") for a certificate of eligibility to have his criminal history record expunged. His application was denied by the FDLE. The FDLE explained that the reason R.J.L.'s application was denied was because "[t]he criminal history record reflects that the applicant has been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains." Having been denied a certificate of eligibility, R.J.L. filed, in the circuit court, a "Petition to Expunge and for Other Relief." R.J.L. sought expungement of all criminal history record information in the custody of any criminal justice agency, a peremptory writ of mandamus commanding the FDLE to issue the certificate of eligibility, and a declaration of his rights and an injunction requiring the State and FDLE to issue the certificate of eligibility. The circuit court issued an order, requiring the FDLE to show cause as to why R.J.L.'s relief should not be granted. See State v. R.J.L., No. 53-9550-CF (Fla. Cir. Ct. Nov. 3, 2000). The FDLE complied, relying primarily upon section 943.0585(2)(e) of the Florida Statutes (1999), which imposes a condition on the issuance of a certificate of eligibility, namely that the individual seeking the

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certificate not have been adjudicated guilty of the criminal activity he or she wishes to have expunged, as R.J.L. admittedly was. The trial court, ruling in favor of the State, determined that the issuance of the pardon did not remove the historical fact that R.J.L. was convicted of kidnapping without ransom, and therefore, the FDLE properly denied R.J.L. a certificate of eligibility for expungement of his criminal history record. R.J.L. timely filed a notice of appeal to the First District Court of Appeal. Shortly after R.J.L. filed his notice of appeal, the First District released its opinion in Randall. See Randall, 791 So. 2d at 1238. As detailed more fully below, the district court there held: "[W]hile a full pardon has the effect of removing all legal punishment for the offense and restoring one's civil rights, it does not wipe out either guilt or the fact of conviction." Id. at 1245. Relying upon its decision in Randall, the First District subsequently affirmed the decision of the trial court in the instant case. See R.J.L., 818 So. 2d at 635. Section 943.0585 of the Florida Statutes controls the expunction of nonjudicial criminal history records. See

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