Legal Question in Criminal Law in Florida
If someone has police reports in Florida that did not result in an arrest, just questioning, can these records be sealed so not available as pubilc records. If so so what is the process to do so.
1 Answer from Attorneys
That's an interesting question that I've never seen asked before. If you had gotten arrested, then the sealing statute, 943.059, and expungement statute, 943.0585, definitely provides for you to get the arrest sealed/expunged. It also says "one incident of alleged criminal activity" so it appears that you could also get the police reports sealed or expunged. Of course, you must be eligible to get it sealed or expunged. Something else to think about is, unlike arrest records, which are fairly easily available nowadays, police reports require the person to submit a formal public records request either by mail or in person. Employers, for example, are not going to go to the trouble of looking. Since you only get one chance to seal or expunge, you have to be sure you want to use it on this, instead of something that may be more serious. Since you don't give all the details on here (and I don't suggest that you do), I advise you to talk to an attorney in your area who can help you.
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