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Q:  Is it illegal for a civilian to access expunged record? Is it possible to access expunged records from ’09?  It was ordered and adjudged that the petition to expunge was granted back in ’09…. Scroll down to read more!

Q:  Is it illegal for a civilian to access expunged record? Is it possible to access expunged records from ’09?  It was ordered and adjudged that the petition to expunge was granted back in ’09. This included all info re:indicia of arrest/criminal history record info re: the petition. 
The person who resurfaced this information is my significant other’s ex whom has also performed multiple background & social media checks on me in hopes to defame me & find out where I live. Ive never met this person nor have communicated with. I learned of this bc of confessions via txt to my significant other. Shouldn’t have the Clerk of Court, The State Attorney and the Dep of Law Enforcement complied with the ordered and adjudged? Is there a way to confirm the case was expunged? Is there a record of who requested to see the file? Who has access to expunged records? What can I do to protect myself from this person?


A:  No it is not illegal. 

No you have no expectation of privacy from PRIVATE persons or entities.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on either private persons or {extortionist} enterprises, who are lawfully permitted to compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access, or to disperse it as they see fit. Worse still, after you “buy back your information”, then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

Like Sammy Davis, Jr. sand in his theme song to the tv show Baretta… “Don;t do the crime if you can’t do the time” (“Eye of the Sparrow”).

I hope that I have been helpful in answering your question.


First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017
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    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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