JETHROW DAVILA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-06-12
No. 2025-1303
Souto, J., Jay, C.J., Edwards, J., Harris, J.
2026 FL 7244 Florida District Court of Appeal, Fifth District (2026)

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Holding

A trial court abuses its discretion by denying a petition to seal a criminal record without stating specific reasons based on all the facts and circumstances of the case.


Headnotes

[1] A trial court must state specific reasons based on all facts and circumstances when denying a petition to seal a criminal record, and failure to do so constitutes an abus…

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Facts & Procedural History

Appellant Jethrow Davila filed a petition to seal his criminal record history in Seminole County Circuit Court. The trial court denied the petition wi…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2025-1303 LT Case No. 59-2019-CF-3870-A

JETHROW DAVILA, Appellant,

V.

STATE OF FLORIDA, Appellee.

On appeal from the Circuit Court for Seminole County. Melissa D. Souto, Judge.

Thomas C. Greene, Sanford, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Tabitha Mills, Assistant Attorney General, Daytona Beach, for Appellee.

June 12, 2026

PER CURIAM.

Appellant correctly asserts that the trial court abused its discretion by denying his petition to seal his criminal record history because the court's order failed to state specific reasons for denying the petition based on all the facts and circumstances of the case. See Gotowala v. State, 184 So. 3d 568, 569–70 (Fla. 4th DCA 2016); accord Lazard v. State, 229 So. 3d 439, 441 (Fla. 5th DCA 2017); Grey v. State, 199 So. 3d 988, 990 (Fla. 4th DCA 2016).

Accordingly, we reverse and remand with directions that the trial court either grant the petition or provide specific reasons, based on all the facts and circumstances, for denying the petition. See J.F.T. v. State, 301 So. 3d 497, 498 (Fla. 5th DCA 2020); Cole v. State, 941 So. 2d 549, 551 (Fla. 1st DCA 2006).

REVERSED and REMANDED.

JAY, C.J., and EDWARDS and HARRIS, JJ., concur.


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