Q: What can I do if a Lawyer expunged a case I never request ,it never even went to court.I got a NTA &the clerks office could never locate the ticket so my lawyer had… Scroll down to read more!
Q: What can I do if a Lawyer expunged a case I never request ,it never even went to court.I got a NTA &the clerks office could never locate the ticket so my lawyer had to keep checking status with clerks office.After this case he was done he was to expunge an arrest I had 3 yrs ago. he tells me now that he expunged the case that the clerk could never find the NTA and the case never went to court.The Helper said she maid out the the no info for the NTA and it was returned and I verified address and she said it was remailed.i never got ne thing.She say its only a 1 copy paper that they expunged the case the clerk couldn’t locate it&I never requested them to do that.They were to expunge a case 3 yrs prior after this NTA was complete.I never signed paperwork for this or seen a judge.what do I do?
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/seal-ur-record-1416567.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
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Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
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Criminal Defense Attorney – Orlando, FL
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Criminal Defense Attorney – Hollywood, FL
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Criminal Defense Attorney – Fort Lauderdale, FL
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Andrew Stephen Roberts
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Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Brett Jacob Szematowicz
Criminal Defense Attorney – Tampa, FL
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Criminal Defense Attorney – Winter Park, FL
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Like I explained before, your case cannot have been expunged unless you assisted your lawyer to do so. At least 3 notarized signatures from you were required, as well as going and getting a new fingerprint card to submit together with your application (and money order). With those indisputable facts it is not possible for your lawyer to have done this without your knowledge and participation (unless you are asserting that they forged your signature and had a notary become complicit in a conspiracy to defraud you, FDLE and the Court).
I have been practicing criminal defense work for almost 22 years and have never heard of anyone un-expunging an expunged case; further, I do not believe that it can be done. Once expunged it is forever gone. Moreover, once you have expunged something you can never expunge or seal anything else – in FL its “one and done”.
If your lawyer did this without your knowledge or participation (again, I find that borderline impossible to believe) then you can pursue a fraud charge against the lawyer, both criminally and civilly, as well as filing a complaint with the FL Bar. Shy of that you are out of luck.
Again (and no matter how many times you choose to repost this question) it is a factual and legal impossibility for a case t be expunged in FL without your notarized signature on 3 different documents.
Michael A. Haber
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.
July 26, 2017 -
Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
April 10, 2017 -
Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
April 11, 2016
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