Edward Gotowala v. State of Florida, 184 So. 3d 568 (Fla. 4th DCA 2016). · Go Syfert
Edward Gotowala v. State of Florida, 184 So. 3d 568 (Fla. 4th DCA 2016). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: Angelo Caporizzo v. State of Florida (fladistctapp, 2025-09-03)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Angelo Caporizzo v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Both sides concede the trial court had the sole discretion to grant or deny an expungement petition based on “the facts and circumstances of the individual case.” Gotowala v. State, 184 So. 3d 568, 570 (Fla. 4th DCA 2016) (Gotowala I) (quoting Borg v. State, 169 So. 3d 261, 262 (Fla. 4th DCA 2015)).
cited Cited as authority (rule) Nixon Lazard v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Gotowala v. State, 184 So.3d 568, 570 (Fla. 4th DCA 2016).
discussed Cited as authority (rule) Gotowala v. State (2×)
Fla. Dist. Ct. App. · 2017 · confidence medium
Grey v. State, 199 So.3d 988, 990 (Fla. 4th DCA 2016) (citing Gotowala v. State, 184 So.3d 568, 570 (Fla. 4th DCA 2016)).
discussed Cited as authority (rule) J.A.H. v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
We again reversed, since the trial court relied upon only the facts in the probable cause, affidavit as the basis for denial, which did “not show ‘the court ma[d]e its decision based on consideration of all the facts and circumstances’ of [the petitioner's case.” Id. at 570 (alteration in original) (quoting Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003)).
cited Cited as authority (rule) Nelsa McGann Grey v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Id. at 570 (citation omitted).
discussed Cited as authority (rule) Nelsa McGann Grey v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Id. at 570 (citation omitted). 2 Gotowala establishes that a court may not deny a petition to seal a criminal record based solely upon its consideration of the facts as outlined in the probable cause affidavit.
cited Cited "see" Jethrow Davila v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: see · confidence high
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).
Retrieving the full opinion text from the archive…
Edward GOTOWALA, Appellant,
v.
STATE of Florida, Appellee
4D14-2663.
District Court of Appeal of Florida, Fourth District.
Jan 20, 2016.
184 So. 3d 568
Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
Levine, Conner, Forst.
Cited by 6 opinions  |  Published
LEVINE, J.

In Gotowala v. State, 162 So.3d 33 (Fla. 4th DCA 2014), we reversed because the lower court summarily denied Gotowala’s petition to seal his criminal records. We instructed the trial court to conduct an evidentiary hearing or provide written reasons as to why it was denying the petition.

On remand, the lower court again denied Gotowala’s petition. It did not conduct an evidentiary hearing. Instead, it relied on the facts to which Gotowala pled, which were set forth in a law enforcement officer’s probable cause affidavit. The lower court’s reason for denying the petition was that the facts of Gotowala’s case were such that sealing his criminal record would “pose[] a danger to the citizens of Bro-ward County and the general public.”

Because the trial court’s order does not give specific reasons for denying Goto-wala’s petition but is merely based on generalized considerations, we reverse.

When a petitioner satisfies the statutory requirements of Florida Rule of Criminal Procedure 3.692 and section 943.059, Florida Statutes (2013), the petitioner is “presumptively entitled to an order to seal or expunge court records.” Anderson v. State, 692 So.2d 250, 252 (Fla.[*570] 3d DCA 1997). Nonetheless, the decision of whether to grant the petition is entrusted to the trial court’s “sole discretion.” § 943.059, Fla. Stat. This discretion is not unfettered however. The trial court may not deny relief “based upon generalized considerations,” but must provide a good reason based on “the facts and circumstances of the individual case.” Borg v. State, 169 So.3d 261, 262 (Fla. 4th DCA 2015); see, e.g., Gonzalez v. State, 565 So.2d 410, 411-12 (Fla. 3d DCA 1990) (stating it was not an abuse of discretion for the tidal court to find that, because the petitioner was a public employee, the public had a right to know of the petitioner’s criminal history).

In the instant case, the lower court’s mere reliance on the facts as láid óut in a probable' cause affidavit does not show “the court ma[d]e its decision based on consideration of all the facts and circumstances” of Gotowala’s case. Godoy v. State, 845 So.2d 1016, 1017 (Fla. 3d DCA 2003) (citation omitted). Moreover, the court’s order does not indicate the specific facts that led it to conclude that sealing Gotowala’s records would pose a danger to public safety.

We remand , with instruction that the trial court must provide specific reasons for denying Gotowala’s petition. The trial court may do so in a written order or after conducting an evidentiary hearing. But, in any .event, the record must be clear that the decision was based on facts and circumstances of Gotowala’s individual case and not merely “generalized considerations.” '

Reversed and remanded for further proceedings.

CONNER and FORST, JJ., concur.