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I was arrested in Florida. Can I get offered PTD & get expunction if I have had PTD & expunction in different state 10 yrs ago?

Miami, FL |

I was charged with a misdemeanor in Florida, but have not been arraigned yet. I am not guilty and would like the charges to be dismissed either before arraignment or through PTD. But, I was arrested 10 years ago in another state and charged with a misdemeanor. I took a PTD in that case and got the record expunged. Can I get offered a PTD in Dade County and get the arrest expunged if I complete the PTD here?

Attorney Answers 5

Posted

Probably not. http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

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Posted

No. Once you have had one expunction or sealing in your lifetime, (other than an administrative expunction) you are not eligible to have another. You will likely not get PTD in the 2nd case either. If If you have not been formally charged, hire an attorney to advocate for you with the State Attorney's office and try to convince them not to file it.

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Posted

Unfortunately you will not be able to expunge your record. Perhaps a dad county lawyer can advise you regarding wether you can get diversion. I tend to agree with my colleagues but you never know.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Asker

Posted

God I hate Florida. I don't know why I moved here. After this BS is done, I am moving back north where the people are intelligent and normal.

William David Umansky

William David Umansky

Posted

LOL. new york?

Asker

Posted

+1 yes

Posted

There is an exception to the first time offender rule for PTD in Dade county -- individuals with a prior criminal record are still eligible as long as they only have one prior misdemeanor on their record. As for the expungement FL only allows one expungement in a lifetime.

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Posted

Thanks for the answer. That is really too bad as people are wrongly arrested every day, and this mark will follow them for the rest of their lives.

Posted

While you may only have one item "expunged" in your lifetime and have had PTD previous I feel that the item overlooked here by my colleagues is your purported innocence.

A not guilty will look just as good on your record so long as you in fact are just that. If you honestly believe/know that you are innocent, a good attorney can likely help you with PTD, a great attorney will advocate for your innocence. While there are a great many risks in trial, advocating for the innocent is something I am interested in.

call me for a free consultation: 305-322-9971.

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Asker

Posted

Thanks for the advice. Is there really any benefit to an expungement if the charges are dropped? Police are so overzealous and people are so hate-filled that they like seeing others arrested and thrown in jail - leading to thousands and thousands of arrests in Dade county every week - meaning that what is the big deal if someone was arrested? Around here, it seems more unusual if someone has NOT been arrested for something. What is the downside to "dropped charges + no expunction" versus "dropped charges + expunction"?

Robert Jonathan Lee

Robert Jonathan Lee

Posted

Well here, you have no option (in terms of expunction). However, I have found that nearly every governmental job application, teaching position, or position where you handle money requires disclosure of the offense regardless of its status as expunged or not. What that means to you and me is that having something expunged really doesn't do a great deal for you in the long run. The only 'real' benefit is that you don't 'always' have to list it on job applications and other documents. I'm certain that this answer will draw the scornful fire of the criminal defense community, but take it from someone who knows (I have had an item expunged from my own record) it didn't do anything but create a giant hassle.

Asker

Posted

I got it. In some cases, I'd have to get it "unsealed" or explain it, and this a big pain in the butt. In other circumstances, no one would ask about it anyway, so it wouldn't matter if it was expunged or sealed or not.

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