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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

  1. Probably not. | For confidential answers on Florida law, call 1.800.452.9357. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

  2. 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.

  3. 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 and put AVVO in the subject line.

  4. 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.

  5. 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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