How do I remove a barred prosecution first degree misdemeanor from court record?

UPDATED: Mar 10, 2012

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How do I remove a barred prosecution first degree misdemeanor from court record?

A little over 2 years ago I was arrested on a first degree misdemeanor. The statue of limitations has expired; no summons sent and tolling doesn’t apply. However the case is still being recorded as “open” in the county court records. How do I get the case dismissed and the charges removed?

Asked on March 10, 2012 under Criminal Law, Florida


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

You need to contact a criminal defense attorney in your area to determine whether or not the court has issued a warrant against you. Typically, if you have been arrested for criminal activity, your information is passed onto the prosecutor to determine if criminal charges will be filed. You do not obtain any type of criminal record or history until you are officially charged with a crime (i.e. arraigned) and the case is finally disposed of (not guilty, plea, dismissed etc). If your case is still appearing as "open", then this means that charges may have been filed against you. Either contact the court or a local criminal defense attorney to determine if a warrant has been issued at this point.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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