- Are only for mistaken arrests.
- They do not replace the standard adult expungement.
- They do not provide the same benefits as standard adult expungement.
Florida Administrative Expungements
An administrative expungement is meant to correct mistaken arrests only. An example of a mistaken arrest is when the execution of a warrant based on a name nabs the wrong person.
Administrative Expungement Only Effects Non-Judicial Records
An administrative expungement only effects non-judicial records. Specifically, it only removes the arrest data compiled by the Florida Department of Law Enforcement [FDLE]. It does not:
- require the destruction of records by the arresting agency,
- will not seal court records,
- will not allow you to lawfully deny the arrest occurred.
Administrative Expungement Applications
The administrative expungement statute was created to fix arrest data created by mistake – a mistaken arrest. As noted above, an arrest based on mistaken identity is the archetype.
If a mistaken arrest occurs and a court record is created, an additional procedure must be done to seal the court records. Neither of these procedures provides the same protections as a standard adult expungement.
Administrative Expungement Procedure
The arresting agency must apply to the FDLE to have the arrest data expunged. Despite protections within the statute, law enforcement agencies are reluctant to admit a mistaken arrest. Getting them to file the application is often difficult and requires court action.
Setting Up The Administrative Expungement
If you were arrested by mistake and your liberty was restricted for a significant amount of time, you may have the grounds to file a complaint for damages. This should be done. Along with monetary damages, the complaint should also ask for the arrest to be administratively expunged.
Legitimate Arrests Cannot Be Administratively Expunged
An arrest that was made based on a complaint against you cannot be administratively expunged. This includes false complaints.
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