Is it unusual for someones charges to be deleted from the clerk of court docket?

Asked about 1 year ago - New Port Richey, FL

(Its either a glitch (as my colleague suggested) or it was sealed or expunged - which would remove it from the Clerk's / public records.) This was a prior answer on your site. What if it was an open case not yet been sentenced. Actually was a FTA and overnight, GONE! Can you seal or expunge an unfinished case? No evidence of the case or case number even existing.

Attorney answers (5)

  1. Matthew West Kindel

    Contributor Level 12

    13

    Lawyers agree

    Answered . You cannot seal or expunge an open case or a case in which you are still on probation. Remember, online dockets are not always accurate, so either it's a mistake by the clerk or user error.

  2. George Cole Gaspard

    Contributor Level 6

    13

    Lawyers agree

    Answered . Unusual is an understatement! An active case cannot be sealed/expunged. Therefore, it seems likely that the issue rests either with the Clerk's office or a user error in searching for the case. Best advice is contact your lawyer and have him make contact with the clerk's office to figure things out! Good luck!

    This answer is based on the facts presented in your question. It does not, nor is it intended to, create an... more
  3. A. Russell Smith

    Pro

    Contributor Level 11

    11

    Lawyers agree

    Answered . As the Clerk's offices around the state transition to electronic filing and records-keeping, we are seeing an increase in misfiled documents. If a case number is scribbled or smudged, or the scanned document is mis-keyed when it is routed to a file on the Clerk's server, it could have been posted by mistake and removed when the error was found.

    If the FTA did belong to the person in whose file it appeared, there should have been some record order striking or recalling the warrant or charge. The only explanation I can think of where that type of correction might not show, would be be where it had been done under seal, say in the case of someone who was acting as a confidential informant.

    Please remember that Q & A forums such as this one are intended to provide general information, not specific legal... more
  4. John M. Kaman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with my colleagues and would add the danger is that it's your error i which case one of these days you are going to get an unpleasant surprise.

    Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me... more
  5. LeRoy E Costner

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You cannot seal or expunge an open case. Most likely what has happened is there is a warrant due to the FTA. In some counties, when there is an active warrant, the remove, or hide, the case from the general public so the defendant doesn't know there is a warrant and will not flee the area. You should contact a lawyer and have them track down your case and start working to fix the problem. Just because you can no longer see it on a Clerk of Court website, doesn't mean that it has gone away.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Dennis James Dressler

How much do I tell my lawyer?

Start by telling your lawyer what you are charged with and when you are due to appear in court. From that point on I suggest that you let your lawyer ask you questions and you answer those... more

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,482 answers this week

3,164 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,482 answers this week

3,164 attorneys answering