According to a seldom used Florida law, anyone who is falsely charged with a crime may have the records of the charge erased. This process, known as administrative expunction, is different than a court-ordered expungement, and will even erase the fingerprints from an individual’s non-public records. To have this done, it will require an endorsement on official letterhead from:
- the arresting agency head or official representative;
- the State Attorney’s Office; or
- a judge’s order.
However, although available, administrative expunction is difficult to obtain, and as of June 30 only 274 were granted for the fiscal year 2009-2010.
In a recent example of this, a man in Florida has been trying for an administrative expunction after he was falsely arrested for the assault of a Jacksonville woman. Even though it was proven that the man in question was coaching at a local high school at the time that the incident occurred and the charges were dropped 4 days later, the man and his lawyer are still waiting for a letter from the State Attorney’s Office to proceed with the administration expunction.
If you have been falsely charged with a crime, and it has been determined that you are innocent, you may also apply for an administrative expunction. To apply, you can get the professional help of a Miami criminal defense lawyer.
Contacting a Miami Criminal Defense Lawyer
If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami criminal defense lawyer team at Falk & Ross to discuss your case – (877) 663-5110.