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.
The purpose of publishing this information is to help judges, attorneys and non-lawyers better understand this area of law. We appreciate any input that may further this goal.
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