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  1. #1
    Join Date
    May 2007
    Posts
    2

    Question Sealing or Expunging a Criminal Record

    I was wrongfully arrested twice in one month in 1999 south Florida. The 1st arrest was made from a vengeful girlfriend and second was based on racial profiling. The 2nd arrest was sealed because the charges were dismissed. The charges were also dismissed for my first arrest but it haunts me. I am trying to be employed in the airline industry and based on the 10 year background check the 1st arrest comes up without a disposition. I have 3questions 1. Can i have the 1st arrest sealed or expunged. Based on what i read It seems that Florida's gives you only 1 sealing or expungement but i would appreciate clarification (Don't really understand legal terms) and 2. How do i get the FBI report to state the disposition of the 1st arrest. 3) Would this arrest still show up on a 10 year FBI background check after a ten year period.

    thanks in advance
    deblez

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

    Default Re: Sealing or Expunging a Criminal Record

    If you petitioned for a prior expungement, as you note you appear ineligible. If the first expungement occurred as a matter of law, you can still petition for the second. Details can be found here.
    Quote Quoting How many dates of arrest can I have sealed or expunged?
    The eligibility criteria for an applicant to have a record sealed or expunged include the requirement that the applicant be able to attest that he or she has never previously had a record sealed or expunged in Florida or in another jurisdiction. This means, in effect, that a person may only seal or expunge one arrest record in one proceeding. More than one record may be sealed or expunged in the same proceeding if the court, in its sole discretion, finds the arrests to be directly related.

    A record that is initially ineligible for expunction (e.g., where adjudication is withheld) may become eligible after it has been sealed for 10 years. However, a person may not seal or expunge one arrest record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged. An expunction or sealing which occurs automatically or by operation of law, without any action on the part of the record subject, is not considered a prior expunction or sealing for this purpose. By law, s. 943.0582(8), Florida Statutes, a juvenile diversion expunge does not prevent the record subject from seeking a judicial expunction or sealing under s. 943.0585 or s. 943.059, Florida Statutes.

  3. #3
    Join Date
    Mar 2007
    Location
    Miami, Florida
    Posts
    31

    Default Can you seal/expunge more than one case? Administrative Expungement?

    Florida law only allows you to seal/expunge one case per lifetime under the sealing/expungement statutes. The only other chance you have is an administrative expungement if the 2nd arrest was "by mistake or contrary to law". That is if it was for exampe by mistaken identity or the arrest was not supported by probable cause. See the statute below:


    943.0581 Administrative expunction.--

    (1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department may provide, by rule adopted pursuant to chapter 120, for the administrative expunction of any nonjudicial record of an arrest of a minor or an adult made contrary to law or by mistake.

    (2) A law enforcement agency shall apply to the department in the manner prescribed by rule for the administrative expunction of any nonjudicial record of any arrest of a minor or an adult who is subsequently determined by the agency, at its discretion, or by the final order of a court of competent jurisdiction, to have been arrested contrary to law or by mistake.

    (3) An adult or, in the case of a minor child, the parent or legal guardian of the minor child, may apply to the department in the manner prescribed by rule for the administrative expunction of any nonjudicial record of an arrest alleged to have been made contrary to law or by mistake, provided that the application is supported by the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred.

    (4) An application for administrative expunction shall include an affidavit executed by the chief of the law enforcement agency, sheriff, or department head of the state law enforcement agency in which the affiant verifies that he or she has reviewed the record of the arrest and that the arrest was contrary to law or was a mistake. The affidavit shall include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged.

    (5) No application, endorsement, or affidavit made under this section shall be admissible as evidence in any judicial or administrative proceeding or otherwise be construed in any way as an admission of liability in connection with an arrest.

    History.--s. 2, ch. 92-73; s. 94, ch. 94-209; s. 1, ch. 2006-94.

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