Charged With a Misdemeanor but Never Informed of the Charges

My question involves criminal law for the state of: Florida

I recently found out (while going through the application process for the Military) that I have a criminal record. This came as a shock to me to say the least because I've been in the Healthcare field for 5 years and have a squeaky clean record!

Apparently just over a year ago I was charged with a misdemeanor for petty theft but was NEVER notified, served, etc. I had NO idea it was on my record until last week and am so confused. Furthermore, the Military told me my case was sealed and they couldn't find out any information on it, where it came from, or anything. Only that I the charges were dismissed by a Nolle Prosequi.

My main question is...how is this even legal? I feel like my rights have been violated because this has been on my record and had no way of knowing it! So anyone can just bring disgruntled charges on someone without them even knowing and now its on their record for life?

Any advice on what I should do and what processes I can take (pretty sure I quality to have it expunged) and also any insights to how this can happen to someone would be VERY much appreciated, thanks in advance!

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Quoting anp223

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My question involves criminal law for the state of: Florida

I recently found out (while going through the application process for the Military) that I have a criminal record. This came as a shock to me to say the least because I've been in the Healthcare field for 5 years and have a squeaky clean record!

Apparently just over a year ago I was charged with a misdemeanor for petty theft but was NEVER notified, served, etc. I had NO idea it was on my record until last week and am so confused. Furthermore, the Military told me my case was sealed and they couldn't find out any information on it, where it came from, or anything. Only that I the charges were dismissed by a Nolle Prosequi.

My main question is...how is this even legal? I feel like my rights have been violated because this has been on my record and had no way of knowing it! So anyone can just bring disgruntled charges on someone without them even knowing and now its on their record for life?

Any advice on what I should do and what processes I can take (pretty sure I quality to have it expunged) and also any insights to how this can happen to someone would be VERY much appreciated, thanks in advance!

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Based on what you have described, charges were brought against you (or against you mistakenly) and they were administratively dismissed for lack of prosecution. What is strange is the records are sealed. That is pretty weird. I would suggest that you get a criminal law attorney on board to investigate and get the charges removed from your record.

In looking at Florida's expungement statutes, I didn't see one that would allow for this type of sealing except for Florida Statutes, Sec. 943.0581, administrative expunction. For example, somebody may have used your name when arrested, resulting in a charge being filed against you, but then dismissed with a request for administrative expunction based upon the subsequent determination that the charges against you resulted from identity theft.

At this point, we can only guess about what might have happened. You may be able to get more information from the court or prosecutor's office.

It seems possible that it may be a case of mistaken identity or a clerical error somewhere. The chances are small but I've seen it happen. It's worth looking into.