QUESTION

If talk about an expunged charge does a person waive it?

Asked on Mar 29th, 2021 on Criminal Law - Florida
More details to this question:
I have an expunged charge, but I need to discuss the charge in an insurance matter. If I discuss the expunged charge will I have waived the expungemen
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1 ANSWER

DUI Defense Attorney serving Coral Gables, FL at Jonathan Blecher, P.A.
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If your record has been expunged, you can lawfully deny or fail to acknowledge the record, with some limited exceptions. You also cannot be subject to perjury for denying it and it's exempt under the Florida Public Records Law. I don't know how it would be relevant in an insurance case, but your attorney should be aware of this statute. If you choose to discuss it, the record is still expunged, however questions that flow from your admission of the case might be allowed. 943.059 (6)(b). The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, with some exceptions. (see statute text) (c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record. (d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
Answered on Mar 30th, 2021 at 11:59 AM

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