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STATE of Florida
v.
Kenneth Raymond WAGES
v.
Kenneth Raymond WAGES
No. 4D99-1293.
District Court of Appeal of Florida, Fourth District.
May 31, 2000.
Robert A. Butterworth, Attorney General, Tallahassee, and Jan E. Vair, Assistant Attorney General, Fort Lauderdale, for appellant., R. Stephen Ottewell of R. .Stephen Otte-well, P.A., Boca Raton, for appellee.
Gross, Polen, Stone.
Published
PER CURIAM.
We reverse the trial court’s order denying the state’s motion to modify its prior order granting expunction of a criminal record. As the state argued below, appellant is entitled only to have his record sealed. See , § 943.059, Fla. Stat. (1999). Appellant did not obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement. See § 943.0585(2), Fla. Stat. (1999). If the record is sealed for ten years, and appellant meets the other statutory criteria, he may then apply for expunction. See § 943.0585(2)(h), Fla. Stat. (1999).
REVERSED AND REMANDED.
POLEN and GROSS, JJ., concur. STONE, J., dissents without opinion.