Legal Question in Criminal Law in Florida

Trying to find out information on getting items expunged?

Item one:

Was stopped and arrested for a DUI. Breathalyzer and urine test came back insufficient to peruse changes.

No DUI or license restrictions imposed. Yet when a background check is performed. The information does not reflect charges being dismissed. It has excessively hindered my search for gainful employment.

Charges were made in Dade County Florida in 1997.

1.Will I have to return to Florida to get a legal service to file a petition for this being removed from my record?

2.What would be the typical amount of time for this process to take place?

3.Would I have to make a court appearance?

4.Any guess to the amount this type of service would run?

Item two:

Was a passenger in a vehicle which was stopped in sting for solicitation. Never received legal council. Was not given a charge of solicitation. Yet my photo appears on a sex offender list. Completed all instructions from the court. Have never had any record prior to these two events at the age of 47. Is it possible to have the same process to remove my information from the sex offender list. Also contributing to finding employment difficult, both have been quoted as reasons why my candidacy has been terminated.

Same four questions concerning this matter.


Asked on 4/14/13, 7:42 pm

2 Answers from Attorneys
Joseph Justice The Justice Law Firm

You can hire an attorney in Dade County to do the expungment without returning to Florida. The process takes a few months because the step involving FDLE clearance takes time. There is a court hearing, but an attorney can attend on your behalf. I would guess the cost is between $500 and $1000 but I do not know the going rate for this in Dade County.

As to the second Solicitation should not result in sex offender registration you will need to consult with an attorney who can look into that in more detail.

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Answered on 4/15/13, 5:39 am
Eric Trabin Lucid Legal, PLLC

You don't necessarily need to return to Florida if the process is done correctly. Even though the charges were dropped, it doesn't automatically get erased from your record and so you need to go through the expungement process. FDLE is backed up and the applications often take at least 6 months for them to process. After that, a petition and other pleadings are filed with the court, but that process can usually be done within one month. I personally charge $750 plus costs for an expunction

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Answered on 4/15/13, 7:08 am


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