Meaning of all of this? (Thank you)

[Zigner]

Well I was simply trying to find the true meaning of administratively dismissed in that original thread.

Now I am trying to get the case expunged myself from here in the UK and I am trying to figure out more information prior to starting the application.

apologies for making a new thread on the matter.

I'm sure that they attorney you hire to assist you would be able to answer your questions. Yes, the implication is that you should hire an attorney.

 

[quincy]

Any expungement will have to be handled in Florida but the underlying offenses will need to be taken care of before records can be expunged.

 

[Just Blue]

I'm kinda scratching my head about the bail bondman "was going to take care of this". ??

 

[England2018]

The capias was recalled because you could not be found to be arrested, hence you were not prosecuted.

I suggest you hire an attorney in Orange County to have the matter resolved.

I looked into it, but they wanted $2000.

when I have been told I could get it expunged myself (received the application in the mail today) but there are a few sections which I don't understand
and even if I hired an attorney, I would still have a lot of paperwork to complete myself, including getting fingerprints done in this country and verified at a cost of around £80.00.

Like I say, just out of interested I was hoping a member on here could give a brief explanation to each line of the 1st 2 posts I made.

 

[England2018]

I'm kinda scratching my head about the bail bondman "was going to take care of this". ??

He bailed me out I believe at a cost of $500, it was a misdemeanor, he told me to enjoy the rest of my vacation and he'd resolve the matter.

about 1 month after the arrest, weeks after I was back home in the U.K, I had been told by my bail-bondsman, that it had been upgraded to a felony (Grand theft 3rd degree)

 

[Zigner]

I looked into it, but they wanted $2000.

when I have been told I could get it expunged myself (received the application in the mail today) but there are a few sections which I don't understand
and even if I hired an attorney, I would still have a lot of paperwork to complete myself, including getting fingerprints done in this country and verified at a cost of around £80.00.

Like I say, just out of interested I was hoping a member on here could give a brief explanation to each line of the 1st 2 posts I made.

The problem is that you're looking to expunge a crime for which you can still be convicted. I'm not even sure you are eligible for expungement. You need an attorney. It seems you are now left to decide if $2,000 is worth it to you or not.

 

[Just Blue]

He bailed me out I believe at a cost of $500, it was a misdemeanor, he told me to enjoy the rest of my vacation and he'd resolve the matter.

about 1 month after the arrest, weeks after I was back home in the U.K, I had been told by my bail-bondsman, that it had been upgraded to a felony (Grand theft 3rd degree)

He was "resolving" your bond...not your criminal matter. Didn't you have a PD (attorney) appointed to you when you appeared in court?

 

[England2018]

The problem is that you're looking to expunge a crime for which you can still be convicted. I'm not even sure you are eligible for expungement. You need an attorney. It seems you are now left to decide if $2,000 is worth it to you or not.

I don't understand how I could still be convicted?

If it has been administratively dismissed (when the case was 10 years old)

I contacted an attorney in 2017 who said this...

"Due to the age of your case, your case was administratively dismissed on March 20, 2013, and the arrest warrant was recalled. (See attached photo.)

There should no longer be anything preventing you from visiting the United States. However I would still consult with an immigration lawyer before flying over here.

If you wanted to get the case expunged from your criminal record I would charge a flat fee of $2000. Feel free to call me on Monday if you would like to discuss this any further"


Capias Returned Unexecuted 1 3/21/2013 Capias Recalled 1 3/20/2013 Disposition 3/20/2013 Administrative Nolle Prosequi

Comments: Count 1

 

[Zigner]

Fair enough. What do you want to expunge and why?

 

[quincy]

It would have been far cheaper for you to have appeared in court on the misdemeanor shoplifting charge when the case was originally heard.

Now, if you are looking to expunge your criminal record, you will need to spend the money to address the shoplifting felony and the additional charges relating to your failure to appear.

"Nolle prosequi" means the prosecutor will not prosecute BUT any dismissal of the charges against you would have to have been "with prejudice," which means the prosecutor cannot refile. If dismissed "without prejudice," the prosecutor can refile the felony charge against you.

You will have to decide how important this is to you and how much you want to spend to clear up the mess you made.

 

[England2018]

He was "resolving" your bond...not your criminal matter. Didn't you have a PD (attorney) appointed to you when you appeared in court?

I never appeared in Court, Bailed out the same day of arrest, enjoyed the rest of my holiday, went home

case got upgraded to a Felony, was a court case booked in 2003, I booked a flight, was refused entry into the U.S (arrived 1 day before the court case)

was refused entry into the U.S as had been arrested the year before, despite the fact I was there to attend the court case to resolve the matter.

 

[England2018]

Fair enough. What do you want to expunge and why?

Simply to go to Orlando again on Holiday(s)

 

[England2018]

It would have been far cheaper for you to have appeared in court on the misdemeanor shoplifting charge when the case was originally heard.

Now, if you are looking to expunge your criminal record, you will need to spend the money to address the shoplifting felony and the additional charges relating to your failure to appear.

You will have to decide how important this is to you and how much you want to spend to clear up the mess you made.

Well in all honesty If I could Expunge myself, which I am told I can by ([email protected]) I don't need to be in America or Florida to do it

It's just a little tricky to do it by myself.

and even if I do expunge or seal. immigration can still access all details, but I would expunge myself just to see if it helped matters.

administratively dismissed does not mean guilt or convicted?

 

[Zigner]

Simply to go to Orlando again on Holiday(s)

Here is the information on expungement in Florida. http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

Honestly, I don't see how your arrest can be expunged. The only possibility seems to be for an arrest made in error or contrary to law, neither of which is the case in your matter (the other allowed reasons don't apply at all to you). Also, according to that page, they are presently processing applications from December of 2017. I wouldn't plan on visiting for at least 9-12 months, even if you are successful.

 

[Just Blue]

Well in all honesty If I could Expunge myself, which I am told I can by ([email protected]) I don't need to be in America or Florida to do it

It's just a little tricky to do it by myself.

and even if I do expunge or seal. immigration can still access all details, but I would expunge myself just to see if it helped matters.

administratively dismissed does not mean guilt or convicted?

Was it dismissed with or without prejudice?