I was arrested for felony domestic violence and there was no information filed and want to get in espunged
You first need to file an application to expunge your record with the FDLE, you will need to file out there application form, obtain a certified copy of the no information filed in your case and be finger printed. This process takes several months. Once you have a certificate of eligibility you must file a Petition with the Court to expunge your record, schedule a hearing and prepare an order of expungement.
A local criminal defense attorney can usually handle this for a reasonable fee. You can use the Find a Lawyer tool on Avvo to locate one in your area.
The very best thing to do is have a full discussion with a local private criminal defense attorney about this. The attorney will be able to ask you about any prior record. If you have any criminal conviction, you cannot get a sealing or expungement.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You can't get it "espunged" but you may be able to get it "expunged".
Sealing is available in a case where you received a withhold of adjudication, and expunction is available in a case which was dismissed, nolle pros'd, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime.
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 both links follow and are attached at the bottom of this answer:
Michael A. Haber, Esq.'s AVVO Legal Guide on Sealing and Expunging Records in FL: http://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 2015 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.
I hope 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.)
Since a No Information was filed in the Domestic Violence case, you would appear, at first blush, to be eligible to seek an Expunction of that record of arrest, but you must also: (1) have never previously sought a sealing or expunction, and (2) have never previously been adjudicated guilty of any Criminal Offense, Criminal Traffic Offense (Driving on a Suspended License, Leaving the Scene of an Accident, Reckless Driving, etc.), or Municipal or County Ordinance. Procedurally, you would be required to submit an Application for Certification of Eligibility, along with your fingerprints and the $75 application fee to the Department of Law Enforcement. If they determine that you are, in fact, eligible, they will send back a Certification of Eligibility, which will then need to be filed, along with a Petition to Expunge, and an Affidavit from you that complies with the Statutory requirements. Some Prosecutorial offices will not oppose or will stipulate to Expunction, but a hearing may be required. Speak to a Criminal Defense Attorney in your jurisdiction/area who can properly advise you.
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