Stuart v. State & B.S.D.
The Second DCA held that a trial court lacked statutory authority under section 943.0583 (the human-trafficking-victim expunction statute) to order the clerk of court to refund fines, fees, and costs paid under a since-vacated criminal judgment, and that ordering such relief without notice to the clerk violated due process. The court also rejected the argument that Nelson v. Colorado constitutionally compels such a refund in this expunction context, distinguishing it from wrongful-conviction reimbursement statutes like sections 939.06 and 961.06.
Key facts
- Stuart sought expungement of a criminal conviction under section 943.0583, the human-trafficking-victim expunction statute, and requested that the trial court order the clerk of court to refund fines, fees, and costs paid under the since-vacated judgment.
- The trial court granted the expungement but also ordered the clerk to refund the monetary payments, without providing the clerk with notice or an opportunity to be heard.
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Why it matters
This opinion is useful to practitioners handling human-trafficking-victim expunctions under section 943.0583, clarifying that the statute does not authorize courts to order refunds of fines, fees, or costs from clerks… — full analysis with a trial
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