Q: I wanted to get a grand theft charge that was dismissed in 2007 expunged. It can still be seen even after 11 years
I recently almost lost my job because a client did a background check and was able to pull up a mug shot from 2007 and it ended up on a spam site where they asked for money to remove it even though it was over 11 years old and dismissed. If I had the funds then I wouldn't have accepted it at all because I honestly had nothing to do with the crime. I was with the convict when they were arrested and they took me with them, even though the convict told them I had nothing to do with it and I never worked where the crime was committed and I wasn't the one involved in either incident. They ended up splitting a 900 check that was cashed putting 300 on each of us when I received no money and didn't know what was going on until after. Since I had never been in trouble It was dismissed and i was ordered to do pretrial intervention. This charge is still causing trouble for me now where I'm being scammed on websites to have it removed. I'm a mobile massage therapist so clients sometimes investig
A: This answer applies if the case was in the State of Florida. If you participated in a Pretrial Intervention Program and your case was dismissed you may be eligible to have the record expunged. First, the case must have been DISMISSED. Second, you will need to review the PTI contract that you signed to verify that it did not contain a clause forbidding a subsequent expunction of the case ( some contracts do). Third, you can go to FDLE website and download and complete an Expunction Packet. This site contains instructions and checklists to help you complete the packet correctly. Then the packet must be submitted to FDLE and a Certificate of Eligibility obtained. Once that happens, motions and documents need to be filed in the county where the offense originally took place. Some counties require court hearings on the motion before such a motion can be granted. If your petition is granted, it is important to make sure that certified copies of the Court Order are forwarded to any place that your record is showing.
The only additional roadblock to this process would be if you have been convicted of any other crime anywhere ever. That would make you ineligible to have this case expunged.
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