How do I remove a barred prosecution first degree misdemeanor from court record?
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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
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 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.
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