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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99459
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How can you remove baker's act on your record six years ago?

Customer Question

How can you remove baker's act on your record six years ago?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: Has anything been filed or reported?
Customer: He was hospitalized 3 weeks, using laced marijuana
JA: Anything else you want the lawyer to know before I connect you?
Customer: He' okay now, clean and not in any meds 6 years
Submitted: 1 month ago.
Category: Legal
Expert:  Thelawman2 replied 1 month ago.

In FL, these case types are confidential. So there is really no reason to get anything removed. Baker Acts are civil, not criminal. Florida law does not have a mechanism to expunge civil records. But Baker Act documents are not part of a public record. They are (or are only supposed to be) accessible to law enforcement, the courts, the person and their attorney. It's not "public record" in the sense that just anyone can find them. Only individuals that are allowed by law to do so can do so.

Customer: replied 1 month ago.
even if you said it's not necessary, how can you remove it from your record.
Customer: replied 1 month ago.
the question was how to remove it from the the record and not if okay to leave it
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out and I have opted in. Baker Act records are private, meaning that only law enforcement and other government agencies can see it. Traditionally, no one else can. See HERE for a nuanced discussion of this.

Florida does not have a mechanism to seal involuntary commitment (under Baker Act). However, it has a general mechanism for sealing civil record (in general) which may be applied to such a case. Under Rule 2.420, one may request to have a judicial record made confidential if there is a legal basis for the request. These reasons include to:

  1. prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice,
  2. protect trade secrets,
  3. protect compelling governmental interest,
  4. obtain evidence to determine legal matters in an ongoing lawsuit,
  5. avoid substantial injury to third parties not part of the case to be sealed,
  6. avoid substantial injury to a party by disclosure of matters protected by common law doctrine or a specific privacy right;or,
  7. comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law.statutory or case precedent.

Here is the problem - Baker Act record does not fall under any of these. Ergo, while one can try to seal it (to prevent the police/government from seeing it as it is already blocked from public view), the Court is likely going to disapprove. I can provide you with instructions how to try this, if you'd like, still.

But again, Baker Act records are already generally sealed from the public's view - only government and police agencies generally see it.

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