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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default How Early Can I Begin The Expungement Process

    Hello All - I would like to know how early I can begin the expungement process after my charges were dropped/dismissed about a week ago. I was falsely accused of Domestic Battery a few months ago in Jacksonville, Florida.

    Also, since my charges were dropped, do I receive a letter disposition? Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How early can I begin the Expungement process

    I don't believe that there is a waiting period to apply for an expungement after dismissal.

    What do you mean by a "letter of disposition"? If you want, get a copy of the order of dismissal from the court.

  3. #3
    Join Date
    Feb 2007
    Posts
    2

    Default Re: How early can I begin the Expungement process

    Thank you Mr. Knowitall for your advise. The "letter of disposition", as I understand, is in the same as the "order of dismissal".

    I would like to ask you another question on expungement. My lawyer to told me that I can have my arrest sealed. I am confused because since my charges were dropped, I should be able to "remove" any record to my arrest. An expungement is what I should be seeking, right? Not sealing. Also my lawyer mentioned that part of the sealing process is to be fingerprinted once again. Why should I be fingerprinted again if I am not charged with anything? Thanks in advance for your time.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How early can I begin the Expungement process

    A record is "sealed" when it is closed from general public view. An expungement implies that the record is actually destroyed. Some states are a bit more loose in their use of the terminology, referring to an expungement or expunction when they mean "seal". The Miami-Dade Clerk of Courts explains,
    Quote Quoting Sealing and Expunging Criminal Records
    To seal or expunge a criminal record requires court approval. The necessary documents are available from the Dade County Clerk's Office in the Richard E. Gerstein Justice Building, 1351 NW 12th Street, Suite 8100, for misdemeanor and Suite 9000 for felonies. You must obtain a certified copy of the final disposition, the cost of which is $1.00 per page copied, and $1.50 per document certified, if you know your court case number. If you do not know your case number an additional research fee will be assessed. You will also receive a complete package of instructions including a fingerprint card which must be completed at a local law enforcement agency and an application for a certificate of eligibility which must be completed by the State Attorney's Office (for expungements only) and mailed along with a $75.00 fee to Florida Department of Law Enforcement.

    The Florida Department of Law Enforcement will mail you the Certificate of Eligibility. You must then return to the Clerk's Office with the certificate and the completed Petition to Seal or Expunge from your package. We will then file these documents with the court. The filing fee is $37.50.

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