In Florida can an arrest be expunged subsequent to successful completion of a PTD? I heard an arrest record could only be sealed

Asked about 2 years ago - Miami Beach, FL

I am not guilty of the charge I was arrested for and would like to go to trial, however, I cannot afford to pay my attorney the additional expense. He doesn't really seem to care about my case and is always on vacation. I want him to get the prosecutor to drop the charges, however, this will take effort by my attorney (discovering the truth, subpoenaing witnesses and potential witnesses), effort he seems unwilling to make. He is trying to push me into a PTD, but I view that as equivalent to an admission of guilt, and I am not willing to spend any more money on this nonsense case.

Attorney answers (5)

  1. Eric Matthew Matheny

    Contributor Level 10

    14

    Lawyers agree

    1

    Answered . Pretrial Diversion is diverted prosecution, not an admission of guilt. You merely agree to fulfill conditions such as classes or community hours. In exchange for your successful completion, the state will drop the charges.

    If you have no prior convictions and have never sealed or expunged a record before, you may expunge a case that has been dismissed for successful PTD.

    Many people in your shoes the PTD. It doesn't mean you're guilty. You will never plead guilty if you accept and complete PTD.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal... more
  2. David Ashley Haenel

    Pro

    Contributor Level 15

    8

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    Answered . You can not seal or even expunge a case until the case is officially closed. I don't know the particular facts of your case, however in some counties you can expunge a case after officially completing the terms of the program. In certain counties the best you will be able to do is seal the case. Beware that the best you will be able to do if you are found not guilty after trial is to seal the case. So depending on whether you can expunge the case (assuming no other criminal history) you need to consider everything carefully.

    This is not intended to be an attorney-client relationship and is my opinion only. Consult with a local attorney... more
  3. William David Umansky

    Pro

    Contributor Level 19

    7

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    Answered . My colleagues are correct. You want to make sure that you really want to take the risk of going to trial. I know you feel you are not guilty but PTD is not an admission of guilt but rather a guaranteed no risk way of getting your case dropped. The good news you can get your case dropped after you finish the program.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  4. Steve Daniel Santiago

    Contributor Level 4

    3

    Lawyers agree

    1

    Answered . Pre-trial diversion would not be an admission of guilt. And many people in your situation accept pre-trial diversion as a matter of convenience. Once you complete all the conditions of pre-trial diversion, your case should be administratively dismissed. Thus allowing you to then apply for an expungement.

  5. Robert Jonathan Lee

    Contributor Level 8

    3

    Lawyers agree

    Answered . I will not beat a dead horse and talk about PTD as it appears that my colleagues have adequately covered that area. However, as it seems you are financially strapped you may want to be aware that taking depositions and/or subpoenaing witnesses (1) costs money (for depos) which will come out of your pocket and (2) may not be the best way to the prosecutor's heart. In fact, if and/or when your defense counsel starts down that path the PTD may be off the table as far as the state is concerned.

    Perhaps your attorney is merely looking out for your best interests in an attempt to keep the best possible deal on the table.

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