can someone in the state of fl. get a expungement for a false report of child abuse?

Question

a friend was accuse of child abuse and now it is on a report it never was in the court system but trying to find job with day care and because they see child abuse they dont look at unfounded it is just a police report nothing else what can be done if anything

Answer 1

Really all that your friend can do is hire a lawyer. They will be able to clean that off or her record. But it will probably cost her.

Answer 2

Here is the florida Statute on Expungement of Criminal records:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC0585.HTM&Title=->2003->Ch0943->Section%200585

Scroll through that statute and click on the statute links. You will see that Elder Abuse cannot be expunged. Check the other links in that statute. I don't think you can get it expunged.

I have taken a look at these links in the Statute , negligent treatment of a child may not be expunged. And if the offense involved sexual misconduct in some way it can't be expunged. I encourage you to take a look at the links in the Statute and you will see what offense may not be expunged. I hope that this helps you.

Go talk to a criminal lawyer at tthe Public Defender's office or go to Legal services and get some advice from them also. Hope this helps.

On the other hand , if this was a false charge and never in the Judicial system and just an arrest record, with no charges filed, I see no reason why the record may not be expunged since , I am assuming, not a conviction but a false charge that was dismissed or NCFed No Complaint filed.

Answer 3

Unless they were CONVICTED, there is nothing to expunge. If they WERE convicted, they would have to have the conviction overturned.

If your friend told you a police report is showing up on a criminal background check when they were never charged, your friend is LYING.