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How do I get a felony I did not commit off of my record?

Gainesville, FL |

I am just finding out that this has been on my record for over a year. I have not been notified of this getting on my record nor have I ever been to court for it. I did not commit this act and need it off my record.

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Attorney answers 6


Was it a charge that was dropped? Has someone been using your identity? You will need to find out what happened so that you can address this issue with FDLE. You should contact a criminal defense attorney to assist you with this matter.


This is an interesting and complicated issue. What is the status of the case? If the case is still pending then you can interject yourself in the case to inform the court, and the State, that your identity was stolen and the case style would likely be amended to reflect it against the defendant. If the case is closed then is the defendant in prison or probation? Again, this can be addressed with the court and it may even result in new charges against the actual defendant. No matter what, you should hire a lawyer to file a motion with the court to obtain a court order specifying that you are not the defendant in that case.

In any situation, the defendant was arrested and his fingerprints obtained. If the defendant were sentenced, fingerprints were taken again. It should be easy to prove that you are not the same person.

This is not to be considered legal advice nor does an attorney-client relationship exist.


Go to state attorneys office and request a "Not Me Affidavit" then fill it out and set a court date by calling judges secretary.


I would start by contacting the State Attorney's office in whichever county the crime was alleged to have occurred. If their investigators determine this to be a case of mistaken identity, the State Attorney can file the appropriate paperwork with FDLE to have the charge removed from your criminal history.


In Florida, all persons arrested for a felony must be booked in a county jail. The county jail will have fingerprints and a booking photo of that person. Most, if not all, State Attorney's Office will assist victims of identity theft under these circumstances. This actually happens on a daily basis. The State Attorney's Office will provide you with the necessary documents and conduct their own research as to who used your personal information. If they determine who that person is, then the State will file a motion to amend the name and personal idenitfication regarding that case. This process is not simple and you will definetly beneift using an attorney in your area to assist you.


This seems like a civil rights violation. An attorney specializing in civil rights should be able to guide you through the process. Likely it will be an administrative process and others here have given some good advice to get things rolling but if you have to go through the criminal court system, you may have available to you a writ of prohibition, typically used in by appellate courts to stop a lower court from doing something. Here a lower court/clerk has tagged you with a conviction with very serious implications (can't vote, can't own a firearm, and employers will frown when they see a felony conviction on your record). This and the other comments would be good talking points with a civil rights attorney. Good luck.

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