Legal Question in Criminal Law in Florida

Hello I live in Miami, FL. I had a 1997 misdemeanor case expunged by a judge during a hearing in July of 2019. For some reason the court house had forgotten to mail out the expungement order to the FDLE, the state attorney's office, and other law enforcement agencies. I found this out when I went to the court house on January 10, 2020 to request a copy of my expungement order. It was sitting there in my files. Also, the court house never mailed me a certified copy of the expungement order. As a result, I am unable to work due to a recent mandatory background /fingerprint screening done by my employer in the the beginning of January of 2020 that showed the details of this 1997 case. I believe had the expungement order been received by these agencies it would have been updated in the central data base and stated "criminal history information has been expunged" with no other details given . Now I am without a job until I get this situation straighten out. This has caused me a great deal of stress and frustration. Any legal Advise? Thanks. MK.


Asked on 1/12/20, 7:27 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I've never seen this scenario before so I'm unclear as to whether or not you have a remedy. I would try contacting a civil attorney in your area see if there's any case you can bring. My concern is that you often cannot sue the clerk's office for something like this due to Sovereign immunity, however a good civil attorney may have the correct answer to this question. That is why I suggest you contact a civil attorney . Goodluck.

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Answered on 1/12/20, 8:59 pm


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