Mistaken Arrests Can Be Expunged
Information provided by Eric J. Dirga, P.A., Orlando - Statewide Service
Last Updated: April 29, 2015
This Page is being updated.
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. 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.
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. These types of arrests are for mistakes of fact. Do not confuse this type of criminal record expungement with one that addresses a dismissal or acquittal of the charges. See, regular expungement of criminal records.
Two-part Expungement Process
An Administrative expungement only affects non-judicial records. This means that, if the arrest went on to be a criminal case in the courts, a separate request must be made to try and get the court records sealed.
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.
An administrative expungement can originate from the arresting agency or the person who was arrested. Supporting endorsements must accompany the application.
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