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Administrative Expungements of Criminal Records

Mistaken Arrests Can Be Expunged

Information provided by Eric J. Dirga, P.A., Orlando - Statewide Service

Last Updated: November 20, 2015

This Page is being updated.

The Administrative Expungement

The administrative expungement process is less formal and less structured than a regular expungement. Because of this, administrative expungements are harder to predict and execute.

The Mistaken Arrest

Administrative expungements address arrests that were made due to mistake or error. The definition of what a mistake or error is in this context has not been defined. However, we can assume they involve:

  • Right-name, wrong-person arrest warrants.
  • Arrests based on factual mis-identification.
  • Arrests based on false reports.

Criminal records caused by mistaken arrests can be expunged (Authority: § 943.0581, Fla. Stat.). An administrative expungement deals strictly with arrests that were made due to error or mistake by the arresting agency not because the State could not prove the charges. They are not simply for:

  • Arrests that resulted in the charges being No Billed.
  • Arrests for charges that are dropped.
  • Arrests for charges that were amended.
  • Arrests for charges that are overturned on appeal.

Those above-listed consequences alone are not sufficient to utilize the administrative expungement process.

Administrative Expungements Are More Involved Than Regular Expungements

Administrative Expungements are not limited in number or by duration of time since arrest. However, administrative expungements are complicated and can take more time to complete than most people expect. Because each case is a subjective undertaking, there is no defined time limits on how long a petition for an administrative expunction can take. This also applies to the legal fees.

Corrections/Errors; Questions

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