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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I ve been incarcerated under false accusations - domestic

Customer Question

i ve been incarcerated under false accusations - domestic violence in FL all my cases have been declined - still showing on my record - what are my options, i ve been abused physically, mentally and financially by a man with 70 counts on his record : fraud, domestic violence, stalking, violence against police officers...... guy is under a warrant as of today for another case - violence with prior conviction
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: FL,
JA: Has anything been filed or reported?
Customer: For the warrant yes, but not my case -
JA: Anything else you want the lawyer to know before I connect you?
Customer: i want to know how i can have those declined cases out of my record, I was the victim - police, state attorney and judge did a louzy job,
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 2 months ago.

If your cases were all dropped but the arrests are still showing on your record, you should be eligible to get those charges expunged. This is not done automatically in Florida. You have to be proactive and either petition for the expungement yourself or retain a lawyer who could get this done for you.

Florida requires that you obtain a Certificate of Eligibility before you can apply for an expungement. You can read more about how to get that done here.

Customer: replied 2 months ago.
i already had one case expunge, different case - nothing to do with those cases - as of today i have like 3 cases declined for domestic violence, - + 1 retraining order that he filed against me not granted by court
Expert:  Zoey_ JD replied 2 months ago.

Again, if they show up on your criminal history, expungement is the way to get them removed. If the restraining order was civil and not criminal, you would have to petition the judge to seal the records as to that. But the record of a civil order would not show on a criminal background check, anyway.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 2 months ago.
Zoey, not really happy with answer, i ve been in touch with FL expunged.org they told me in writing that i could not ha e those cases out of my record even they are dropped cause i expunged one case already - i think police, judge, state attorney did a very lousy job in regard of my cases - guy who accused me has 70 counts on his record including prior cases of violence, stalking, fraud ..... and i m the one with no previous cases of any violence having to pay all consequences, can i write to judge, governor .... any other option to have those cases out of my record ?
Expert:  Zoey_ JD replied 2 months ago.

My apologies. I knew your state only allowed for one conviction to be expunged. But these mwere dismissals, so I thought you'd still be eligible.

No, there wouldn't be anything further that you can do. If they are already dismissed, they are not showing up on your records as convictions. If they are showing up as convictions, then you can go back to court and get your record corrected, but there would be no further way of expunging or sealing them and no possibility of pardoning them, because the charges have already been nullified.

You can petition the judge to seal them in the interest of justice, even though Florida statutes don't allow for it. He technically has the power to do that. But judges don't like to ignore the law except under very compelling situations. You wouldn't want to prepare this petition yourself. You'd want to talk to a local lawyer and see if he thinks he could come up with a strong enough argument to get this request granted first.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 2 months ago.
what a beautiful justice system !
Expert:  Zoey_ JD replied 2 months ago.

Some states are more generous than others when it comes to expunction or sealing of criminal records. Some are less forgiving and intend a criminal record to stick. Changing that would be something for which you and other like-minded Floridians would have to lobby your legislators.

Customer: replied 2 months ago.
last question, do you think i can contact state attorney that was in charge of my cases ?
Expert:  Zoey_ JD replied 2 months ago.

Yes. Your case was already dropped, so there's no reason you couldn't speak to the prosecutor if you wanted to do so.