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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10 lawyers agreed with this answerBrenda A Drake
Criminal Defense Attorney – Jacksonville, FLJennifer Ann Synnamon
Criminal Defense Attorney – Orlando, FLGrant Ian Schwarz
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Criminal Defense Attorney – Fort Lauderdale, FLChristian K. Lassen II
Personal Injury Lawyer – Philadelphia, PAPeter Christian Komar
Criminal Defense Attorney – Chicago, ILAndrew Stephen Roberts
Criminal Defense Attorney – Thousand Oaks, CARobert Jason De Groot
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Criminal Defense Attorney – Tampa, FLChristopher Robert Dillingham II
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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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