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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4827
Experience:  Experienced in both state and federal court.
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Lake county sheriff acted me in2011 for some text msg I did

Customer Question

Lake county sheriff Baker acted me in2011 for some text msg I did not send it has not shown up on file until now can I have it removed from their records.
JA: What state are you in? It matters because laws vary by location.
Customer: Fl
JA: Has anything been filed or reported?
Customer: It was the Baker act paper it is a report on file with sheriff's office
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is it
Submitted: 10 months ago.
Category: Legal
Expert:  Chris T., JD replied 10 months ago.

Hello. I'll be happy to assist you.

Records may be sealed in Florida via F.S.(###) ###-####and 943.059 and Fla. R. Crim. P. 3.692, but these statues refer to criminal arrests. Unfortunately, there is no mechanism to seal a Baker Act episode. I'm really sorry for the bad news, but there is no way that I'm aware of to remove this kind of thing. These records should, however, be only accessible by court personnel, so the public should not have access to this information.

Customer: replied 10 months ago.
I am applying for a Leo job and the Baker act paper showed up so I ordered the file from medical only I can see that part correct. So no way to remove incident report from sheriff's file even though dr said I should have not been brought to treatment center officer was over reacting.
Expert:  Chris T., JD replied 10 months ago.

Hello. Thanks for your response.

I've done some research on this topic, trying to find some legal mechanism by which you can have this report removed, but, unfortunately, there simply isn't one. What's odd is that if you had been charged with a crime and had the charges dismissed, you could get it expunged. But, since that's not the case here and it's just a police report that led to a Baker Act detention, there is no way to get it removed. I highly suggest that you keep a copy of the doctor's report with you, and if the issue comes up, you can document that it was unjustified. That's really your only option since you can't get it removed outright.

Sorry to be the bearer of bad news.