Legal Question in Criminal Law in Florida

In 2011, I was arrested for a DUI. I obtained a lawyer and after 90 days the case was never brought to trial. When my lawyer attempted to have the case dropped due to the statue of limitations expiring we learned that the case was filed using an incorrect case number, and they had no information regarding my case. Although I was able to avoid prosecution of the DUI, I never received a final disposition on the case due to the fact that I do not have a case number. This presents a problem when I apply for employment and the arrest appears in my background check with no disposition. I obtained a letter from the State Attorney's office stating that I have never been charged with a crime in Miami, however this may still hinder my chances of getting Speech Language Pathologist state licensure due to the fact that they mishandled my case. Is there any legal action I can take with or against the Miami-Dade Clerk of Courts in order to obtain a disposition on my case?


Asked on 4/10/13, 1:57 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You should contact an attorney in Miami who can file a motion to seal the records. Sometimes a local administrative sealing will solve the problem but you might have to take it to FDLE. A local attorney should know.

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Answered on 4/10/13, 1:59 pm


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