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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 Adam Haber

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10 lawyers agreed with this answer

Brenda A Drake
Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Jennifer Ann Synnamon
Jennifer Ann Synnamon
Criminal Defense Attorney – Orlando, FL
Grant Ian Schwarz
Grant Ian Schwarz
Criminal Defense Attorney – Hollywood, FL
Jessica Michelle Rose
Jessica Michelle Rose
Criminal Defense Attorney – Fort Lauderdale, FL
Christian K. Lassen II
Christian K. Lassen II
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Peter Christian Komar
Peter Christian Komar
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Andrew Stephen Roberts
Andrew Stephen Roberts
Criminal Defense Attorney – Thousand Oaks, CA
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Brett Jacob Szematowicz
Brett Jacob Szematowicz
Criminal Defense Attorney – Tampa, FL
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL

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Answered It seems as though you are attempting to make your previously posted (and answered) question a little clearer.

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.

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.) 

Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. “its all about reasonable doubt”!

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

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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 statementAccordingly, 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 ( ), 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 ( and with my "Webisode" series on YouTube (, 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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