Can I get an expungement?
Am I able to get those charges expunged? I was looking at a list of disqualify charges and those were listed but I don’t know if I was reading it correctly. I live in the State of Florida.
5 attorney answers
Because the charges were dismissed, you are eligible as long as you have no prior convictions and have never had a case exupnged or sealed.
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I agree completely with Mr. Blecher and Mr. Haber
If they were dismissed and if you have no other conviction then yes, you can get that case expunged.
If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction process:
I also strongly encourage you to read my AVVO Legal Guide on Sealing and Expunging Records in FL as it contains valuable information supplemental to this answer and should prove to be helpful to you. For your convenience the a links follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Sealing and Expunging Records in FL: https://www.avvo.com/legal-guides/ugc/sealing-and-expunging-records-in-fl-a-legal-guide-by-michael-a-haber-esq-miami-criminal-lawyer?published=true
The procedure is both quite detailed and somewhat painstaking but is also far from being rocket science. You can attempt to navigate it yourself (FDLE has tried to simplify it - again I refer you to the website above) but, assuming your eligibility, any criminal defense lawyer (anywhere in Florida - this can be done remotely and does not necessarily require a local attorney, although a local attorney may or may not be less expensive) will be able to accomplish the task with greater ease and likely in a shorter time period.
That said I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2018 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.
Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies (for example if fingerprints, mugshots, DNA or anything else - including crime statistics bearing your name or identifying information - were uplaoded to the FBI database then a local Order of Expunction would not effect the Feds) and that it has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.
For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, etcetera, rather than waiting for them to find out on their own.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Charges that have been dismissed/dropped are eligible for expungement, provided you are otherwise eligible.
The offenses you referenced cannot be sealed or expunged if you plead guilty or are found guilty, regardless of whether adjudication of guilt was withheld.
Seek the assistance of an attorney to help you with the expungement process.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.