Completed PTI but Didn't Get Expungement
My question involves criminal law for the state of: Florida
In 08 me & a friend were caught in Walmart with a little over $300 of merchandise, so we were charged with a Grand theft felony & arrested. Bailed out the next day, and having not learned a lesson, (and unemployed) tried to steal some food & pants for a job interview from a different location, and was caught for retail theft.
Spent 1 week in for the retail theft which was plenty to learn my lesson. Went to court for the felony & was offered PTI (Pre trial intervention). I was told that pleading no contest will put me in the program, if I complete it, the felony will be expunged off my record.
I did successfully complete it, and was released early for paying the money I owed & staying out of trouble.
In December of 09 I checked my background, and it was still on there, so I waited until today to check it again. Today it still shows the same thing as before. I'm using the FDLE website to check since it's the cheapest.
This is how it reads:
Code:
ARREST AGENCY-FLAGLER COUNTY SHERIFF'S OFFICE (FL0180000)
AGENCY CASE-000000 OFFENSE DATE-12/28/2008
CHARGE 001-LARCENY-
THEFT IS 300 OR MORE BUT LESS THAN 5000 DOLS ,PRINCIPAL
STATUTE/ORDINANCE-FL812.014(2C1) LEVEL-FELONY ,3RD DEG
BOOKING STATUS-HELD
JUDICIAL-
AGENCY-7TH CIRCUIT COURT - BUNNELL (FL018015J)
CHARGE 001 -COURT SEQ COURT NO.-00000000000000XXXAXX
SUPPLEMENTAL ARREST DATA-
STATUS- LEVEL-FELONY ,3RD DEG
PROSC DATA- LARCENY-
GRAND THEFT
--CONTINUED--
SID NUMBER: 0000000 PURPOSE CODE:P PAGE: 4
STATUTE/ORDINANCE-FL812.014 LEVEL-FELONY ,3RD DEG
STATUTE DESCRIPTN-THEFT
DISP DATE-01/21/2009 DISP-N/A
COURT DATA-LARCENY-
GRAND THEFT
STATUTE/ORDINANCE-FL812.014 LEVEL-FELONY ,3RD DEG
STATUTE DESCRIPTN-THEFT
DISP DATE-03/25/2009 DISP-PRE-TRIAL DIVERSION
COUNSEL-PUBLIC TRIAL- PLEA-NOLO CONTENDRE
SENT DATE-03/25/2009
------------------------------------------------------------------------------
ARREST- 2 01/13/2009 OBTS NO.-0000000000
ARREST AGENCY-DAYTONA BEACH POLICE DEPARTMENT (FL0640100)
--CONTINUED--
SID NUMBER: 0000000 PURPOSE CODE:P PAGE: 5
AGENCY CASE-000000 OFFENSE DATE-01/13/2009
CHARGE 001-SHOPLIFTING-
PETIT FROM MERCHANT 2ND OR SUBSQ OFF
STATUTE/ORDINANCE-FL812.015(2) LEVEL-MISDEMEANOR,1ST DEG
BOOKING STATUS-HELD
I've replaced some numbers with 0's. I understand that the 2nd arrest shoplifting misdemeanor would still be on there, but does the felony part look correct for having completed a PTI?
If so, can both the felony & the misdemeanor be removed if I attempt an expunge/seal myself?
Finding a career in this economy is hard enough, but the 2 stupid mistakes I made push it to impossible.
Thanks
Re: Completed PTI but Didn't Get Expungement
If you chose to commit another crime before obtaining an expungement, you appear to have rendered yourself ineligible. See Florida Statutes, Sec. 943.0585(1)(b)(1). See also Sec. 943.059(1)(b)(1) in relation to sealing. I suggest consulting a local lawyer to see what options you may have.
Re: Completed PTI but Didn't Get Expungement
It sounds like the pti was a diversion of some sort,maybe it was entered incorrectly. It should of showed the charge and that it was dimissed. Something like that,I would go down to the court house and see if you can speak to the court clerk and see how their record reads. Then discuss with a lawyer,maybe the charge can be sealed after a certain amount of time.
Charge-Felony theft
Date of Arrest
Dismissed via pti
Re: Completed PTI but Didn't Get Expungement
I appreciate your help.
I noticed today that there isn't any Disposition for the arrest #2. I remember (vaguely, was a little nervous) the judge was nice, offered me if I plead no contest i'll do 7 days (already credited 2) in jail, and be released. Everybody in the court told me to do it, so I agreed.
Perhaps the deal was to not convict me on the misdemeanor?
Maybe i'm not reading it right, but hopefully this is true, so that I can file an expunge against the Felony charge.
That is a great idea asking the court clerk. I will,
Thanks a lot!
Re: Completed PTI but Didn't Get Expungement
jesterr,
Any luck on getting that pretrial diversion changed to dismissed?