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Does Fl have a motion you can file like in other states that is called a petition for factual innocence to delete court records

Fort Lauderdale, FL |

I would like to know if you can answer this for me. In Fl, you can only seal 1 record. I was charged for another crime in 2006 but the judge dismissed the charges and the case was done. I want to know if Fl has any type of motion I can file like other states have where the judge can grant permission for the case to be deleted off police and court records since it was dismissed. In other states they call it a petition for factual innocence, and if the judge approves, the file of the case is destroyed. Do they have anything like that in Fl for Broward County. Maybe it is called something else here.

Attorney Answers 5


  1. One sealing under florida law. I think you're out of luck. Hopefully someone can correct me. Good luck.
    www.lavelylaw.com


  2. Unfortunately your are out of luck. Under current expungment/sealing statutes you can only seal or expunge once in your lifetime.


  3. I agree that you can only seal/expunge one case through FDLE. There is a little known procedure called a clerk's expungement. I do not know if it would apply to your case. You should contact an attorney in your area to see if it is possible.


  4. You may wish to reference the FDLE website for some other frequently asked questions. This site is very helpful: http://www.fdle.state.fl.us/Content/getdoc/7c627128-eab9-4815-bc11-4f93273f016d/Frequently-Asked-Questions.aspx#Charges_dropped_dismissed


  5. Technically, the correct answer is yes.

    Florida has what is known as Administrative Expunction under Florida Statute 943.0581. It allows a person to petition for expunction of any criminal arrest history that was a result of "arrested contrary to law or by mistake." This does not count against your one time sealing or expunction limit.

    However, it is seldom used because it requires (to an extent) law enforcement's agreement that the arrest was "contrary to law or by mistake."

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