Friday, October 10, 2014

Expunge / Seal / Criminal Records / Criminal History / Background Check / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  Is it illegal for a civilian to access expunged record? Is it possible to access expunged records from '09?  It was ordered and adjudged that the petition to expunge was granted back in '09. This included all info re:indicia of arrest/criminal history record info re: the petition. 
The person who resurfaced this information is my significant other's ex whom has also performed multiple background & social media checks on me in hopes to defame me & find out where I live. Ive never met this person nor have communicated with. I learned of this bc of confessions via txt to my significant other. Shouldn't have the Clerk of Court, The State Attorney and the Dep of Law Enforcement complied with the ordered and adjudged? Is there a way to confirm the case was expunged? Is there a record of who requested to see the file? Who has access to expunged records? What can I do to protect myself from this person?


A:  No it is not illegal. 

No you have no expectation of privacy from PRIVATE persons or entities.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on either private persons or {extortionist} enterprises, who are lawfully permitted to compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access, or to disperse it as they see fit. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

Like Sammy Davis, Jr. sand in his theme song to the tv show Baretta... "Don;t do the crime if you can't do the time" ("Eye of the Sparrow").

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the "Like" button:  www.facebook.com/haberpa 

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