to clear my name and do an expungement since I will be moving to Miami. I lived in Canada at the time, and my lawyer got everything dismissed, I never had to come to court. I called his office and his line was disconnected, come to find out he passed away. I wont be moving to miami until about a year or so. I want to get my record expunged before I come back to Florida. I have no other arrests or charges anywhere. My question is, can I start the expungement process from Canada? I heard you have to get fingerpritns done, can I do that in Canada at a police station?also do I need an a drivers license or social secuirty number, everything i have is canadian
Not to worry. This process is entirely "doable" remotely, in your absence, although some documents will have to be mailed back and forth.
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:
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 and 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.
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.)
It seems your attorney did a nice job. Give him a call. He can probably do the expungement for you
Yes you can have the process began while you remain in Canada. The process takes a bit of time so it would be a good idea to get it started ahead of time. This is something a local (Miami Area) attorney can handle for you. This office along with many others can do this work.
Sorry to hear your lawyer passed away. He did a good job on your case.
It looks like you qualify for expungement of your arrest and court records. This can be done by mail phone and email. The process can definitely be done within the time parameters you lay out, in a relatively inexpensive and trouble free fashion for you.
Some forms are filled out, you are sent a fingerprint card and an application and affidavit, you have your fingerprints taken at a local police station in Canada, your lawyer prepares a petition, clears the State Attorney's Office, Clears the Florida Department of Law Enforcement (FDLE), then files the Motion, Order, Certificate of Eligibility and Affidavit with the Court, is noticed and argues your case.
At my office, we make it a practice to scour the internet for websites that mined your arrest data and published it, and force them to remove it under penalty of contempt of court. The process is done right here in Miami. Feel free to contact one of us for further information. I wish you the best of luck with your plans to return to Sunny and Warm South Florida.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
You can start and finish the entire process while remaining in Canada. There are affidavits that must be completed and witnessed by a notary and fingerprints that can be taken by any police department. Otherwise, it's a matter of filing motions, mailing letters, and paying fees. Once everything has been approved the court will be able to sign the final order and the clerk will seal or expunge the record.
Good luck and I hope I answered your question
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline