Legal Question in Criminal Law in Florida
nolle pro-- how to seal & expunge the entire record?
so i received a nolle pro as the disposition of my case. so i want to get the entire record including arrest record and court record expunged and sealed. please tell me how i can do that and what is the process and is it possible to get it done immediately after receiving the disposition or have to wait for a while? thanks.
2 Answers from Attorneys
Re: nolle pro-- how to seal & expunge the entire record?
The correct term is "nolle prosse" or "nolle prosequi." It means, "dismissed (nullified) by the prosecution."
You should probably hire a lawyer to help you. It will probably speed up the process. If you don't want to do that, see if the website for you local clerk's office has instructions on how to get a sealing or expunction. For instance, the Hillsborough County Clerk's website has instructions and forms, but the process varies slightly in each jurisdiction.
You should expect to wait several months for FDLE to process your application. They are more backed up now than I have ever seen them. Your record cannot be sealed or expunged until FDLE completes its processing and a judge issues an order. You'll have to file an application with FDLE, then, once approved by FDLE, file a motion--and maybe set a hearing--with the judge. The FDLE step requires a fee of $75. The motion step will probably require a fee as well, but it differs from county to county and will probably increase on July 1 in all counties.
Re: nolle pro-- how to seal & expunge the entire record?
You can either get a package from your clerk of courts or you can hire a lawyer to do it.It takes several months to complete
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