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

Asked over 2 years ago - 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. John Armando Edmiston

    Contributor Level 6

    2

    Lawyers agree

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

  2. Steven George Lavely

    Contributor Level 10

    1

    Lawyer agrees

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

  3. Matthew Phillip Konecky

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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. Maggie Jo Hilliard Esq.

    Contributor Level 8

    Answered . 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/7c62...

  5. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . 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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