6. Compilations of criminal histories.

Criminal histories, like other non-exempt public records, are subject to the statutory disclosure requirements of the Public Records Law, Chapter 119. See, Op. Att'y Gen. Fla. 77-125 (1977) (Florida's Public Records Law applies to criminal history information compiled and maintained by the Florida department of criminal law enforcement). However, courts have the power to seal or expunge records containing criminal history information under statutorily specified circumstances. Fla. Stat. § 943.058 (1991). See State v. Herstik, 475 So.2d 1268 (Fla. 4th DCA 1985); Walker v. State, 493 So.2d 488 (Fla. DCA 1986), cert. denied, 503 So.2d 328; Op. Att'y Gen. Fla. 75-29 (1975); Op. Att'y Gen. Fla. 76-70 (1976).

A circuit court may order criminal history records to be expunged only upon a specific finding of unusual circumstances requiring the exercise of the extraordinary equitable powers of the court, and upon a finding that the following criteria have been met:

a.The person who is the subject of the record has never previously been adjudicated guilty of a criminal offense or comparable ordinance violation;

b.The person who is the subject of the record has not been adjudicated guilty of any of the charges stemming from the arrest or alleged criminal activity to which the records expunction petition pertains;

c.The person who is the subject of the record has not secured a prior records expunction or sealing . . . . Fla. Stat. secs. 943.058(2) and 943.058(3) (1995).