I'm On PTI. My Last Day Is Feb. 8, 2016. How Long After My Probation Termination, will I receive my Case Dissmissal Paperwork?
5 attorney answers
Once you complete the program it usually takes a few weeks for the prosecutor to file the document dismissing your case. The program itself can tell you if you can finish early. Expunging is not very expensive. You should call a few criminal lawyers and get price quotes.
I agree with Mr. Stanton, typically cases are dismissed within 30 days of completion of your PTI contract. You should consult with a local criminal defense attorney regarding the costs of sealing your record. As Mr. Stanton pointed out, it can take 6-9 months.
You can find highly qualified criminal defense attorney's in your area ( like Mr. Stanton), using the Find a Lawyer tool on Avvo's website. You can also use the Contact this lawyer now button to speak to Mr. Stanton, who has an excellent reputation here on Avvo for giving top advice.
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If your PTI is completed and the contract term is up, the dismissals can come within a month in Pinellas County.
A caution, if you completed the classes but you still have some time on the contract, this could slow it up. You may want to get with your attorney that handled the case and see of thy can coordinate the dismissal with the State as sometimes a polite reminder or review can speed things along.
As to sealing and expunging, if you completed the PTI program and received a dismissal and assuming no other disqualifying factors, you can immediately begin the process.
This process can take between 6-9 months, so beginning sooner rather than later gets you to your goal faster. The process and application is available on FDLE s web site.
As to the attorneys fees, we are not permitted to discuss fees or solicit clients directly on the Avvo Q&A, but you are free to use the Find a Lawyer Feature or Contact Lawyer Feature to make inquiries into the process and pricing
The process is statewide, so you are free to research attorneys and their pricing for this service.
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Usually in Pinellas County if you get to the end of your program, the State Attorney's office will set the case on the calendar for a hearing. When you come to that hearing, you have to fill out a form stating you haven't been arrested for any new charges. When the judge calls you up to the podium, they will swear you in and ask if what you put on the paper is true. If everything goes smoothly, the judge will then formally dismiss your charges on the record. It will show up in the system within about 24 hours. Don't forget that if you want the arrest to come off of your record, you'll have to do a petition to seal your record. You should contact an attorney to assist you with that process. If you try to do the sealing yourself, there is a $75.00 fee to FDLE for the application and then the clerk charges a filing fee, which averages about $100.00 or less. As soon as the case shows as closed, you can get a copy of the disposition from the clerk.
Q: How Long After My Probation Termination, will I receive my Case Dissmissal Paperwork?
A: I cannot speak to Pinellas Park but in Miami you will never receive case dismissal paperwork. You will be noticed of a hearing for successful completion which, if you attend, will result in the court announcing a dismissal. But you would not be able to get your paperwork until it is entered into the Clerk's system and that could take a few hours. You would have to wait around or go back at a later date. Again, I don;t know about PP but in the 305 you will receive a million dollar tax refund before you get a dispo in the mail.
Q: Can I Early Term If I Pay My Balance?
A: Diversion is not probation. Again, I cannot speak specifically to PP but in general there is no "early term" of PTI. You are on supervision (informal usually) until the end date.
Q: How Do I Find Out What I Owe?
A: Call your PTI supervisor / counselor and ask.
Q: And How Much Is The Sealing Process Of My Charge?
A: On the issue of legal fees, every lawyer charges according to their own business plan. As every case and every client is /are unique, personally I do NOT quote legal fees based simply upon the charges . Rather, fees are quoted only after having reviewed all readily accessible law enforcement reports, meeting and interviewing the client, getting as realistic as possible feel for the facts, circumstances, likely admissible evidence and reasonable probabilities of the case, identifying and agreeing upon a litigation objective and then determining how much time and effort will have to be expended in attempting to reach the client's goal. In this way I can be as fair to both the client and myself as is possible.
As for sealing: If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction process: http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx
I also strongly encourage you to both read my AVVO Legal Guide on Sealing and Expunging Records in FL and watch my YouTube Webisode on Sealing / Expnging records as they both contain 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: 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
Haber PA's YouTube Webisode on Sealing and Expunging Records FL: https://youtu.be/XtndMiwCP84
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.
I hope that I have been helpful in answering all of your questions.
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.)