Tuesday, April 7, 2015

Can a Canadian Citizen Expunge a FL Felony which was Dismissed? AVVO "Best Answer" ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I was arrested last year for some serious felonies in Miami, FL I hired a lawyer who got everything dropped, now I want to clear my name and do an expungement since I will be moving to Miami. I lived in Canada at the time, and my lawyer got everything dismissed, I never had to come to court. I called his office and his line was disconnected, come to find out he passed away. I wont be moving to miami until about a year or so. I want to get my record expunged before I come back to Florida. I have no other arrests or charges anywhere. My question is, can I start the expungement process from Canada? I heard you have to get fingerprints done, can I do that in Canada at a police station?  Also do I need an a drivers license or social security number, everything i have is Canadian?

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Best Answer
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Answered Not to worry. This process is entirely "do-able" remotely, in your absence, although some documents will have to be mailed back and forth.

Sealing is available in a case where you received a withhold of adjudication, and expunction is available in a case which was dismissed, nolle pros'd, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime.

If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction process:


The procedure is both quite detailed and somewhat painstaking but is also far from being rocket science. You can attempt to navigate it yourself (FDLE has tried to simplify it - again I refer you to the website above) but, assuming your eligibility, any criminal defense lawyer (anywhere in Florida - this can be done remotely and does not necessarily require a local attorney, although a local attorney may or may not be less expensive) will be able to accomplish the task with greater ease and likely in a shorter time period.

That said I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2015 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. 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.

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.) less

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Posted about 20 hours ago.
thanks, If i can ask you, the expungement requires fingerprints, can i get that done at canadaian police station and what happens if i dont have a ssn or DL to put on the application, what else can I put? thank you for your time sire
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted about 20 hours ago.
I am not certain. I suspect that you can have your prints done in Canada (provided that they are accomplished at a bona fide law enforcement location by real life cops) and that you would leave the inapplicable fields blank BUT I don't want to give you bad advise, so, instead, I am going to give you good advise...

Call FDLE, Expunctions directly and ask them. (850) 410-7870.

If you follow the rule of the 3 "p"'s (be patient, pleasant and polite) then you will likely be surprised at just how knowledgeable and helpful they can be.

Again, I hope that I have been helpful in answering your question.
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Posted about 2 hours ago.
they said its not a problem at all. thank you for posting that number

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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