Florida Third District Court of Appeal affirms lower court ruling for registered citizen
On November 16, 2022, a registered person won an order to be removed from the registry (State of Florida v. David Whitehead F95-37823) after 20 years in the state of Florida, beating the 2007 amendment, as the judge in the case said it was punitive in nature and could not be applied retroactively.
The state then appealed the decision.
The appellate court ruled on March 20, 2024, to affirm the November 16, 2022, decision with the whole appellate court reaching a decision without an opinion. This virtually makes it non appealable to a higher court. Most supreme court cases will not be picked up if it is an appeal without an opinion.
To summarize, the registered citizen was removed from the registry after 20 years, with the 2007 law mandating a 25-years waiting period being found to not be applicable in his case as the provision was deemed punitive and cannot be applied retroactively. The state appealed and lost.
Florida Action Committee is grateful for the work that Attorney Ron Kleiner has put into this case.
Psalms 91:
You might have better luck changing states rather than changing the law. It seems that if your case was dismissed that you wouldn’t be required to register in a lot of states because most states require a conviction.
I had posted previously on another post in which I was “on hold” awaiting the decision that clears the way for me to petition for removal.
Funny story (or sad) depending on my mood….I contacted Ron Kleiner about getting the process started. He pulled my FDLE Background Check and of course, I have been free of incident since 1996 and he tells me I have a misdemeanor arrest in 2013 (which is most certainly not mine) and now I am having to figure out what to do to get this removed off of my records so I can then proceed with the possibility of removal.
I would say one step forward and two steps back, but we will see where this rollercoaster continues to take me.
It’s been a total of 33 years since my initial arrest to current date. I honestly just want to get this over with and be off the registry for however long I have left of life.
So thank you to Ron Kleiner for getting registrants this victory. Hopefully the momentum with the recent decisions will continue to our benefit.
Hopefully you can get the mistaken misdemeanor removed from your record so you can precede. Did Ron give you an idea how to address the mistake?
Hello . New resident of Florida , as of July 2023.my husband Had a case in Pa and was on registry until 2022. All restrictions and registration was completed January of 2022. My husband , father in law and I moved to Florida and were visited by a sheriff stating he would need to register for life here ! How can a state that didn’t have anything to do with the case , punish him ? We were nowhere near Florida when charged or had the case completed . I don’t understand how another state can impose punishment , by restricting travel, making someone register again , and having sheriff do residence verifications. He is in compliance with FDLE and has done what he needed to do however these punishments are unconstitutional . He completed his punishment in PA . Does a convicted murderer have to register in Florida if the crime didn’t occur here and they were released from restrictions in another state ? I don’t understand this at all .
If you haven’t already, I’d contact a lawyer. They hopefully will provide some answers. I would especially look for those who deal with registrants. I hope that he can break free from Florida’s registry.
My probation ended August 2003 my 20 year mark was August 2023. I had a notice to appear arrest in November 2022 nine months before my 20 year mark was up misdemeanor. The charge was later dismissed because of diversion Program here in Florida so at the end I was not prosecuted, but my charge was dismissed. I heard from an attorney that would disqualify me from petitioning the court now. Nine months before my 20 year mark up and also it was dismissed. I know life is not fair, but I am willing to do something to fight legislation to change the verbiage. Any suggestions? Fac family?
Will a misdemeanor arrest that was later dismissed disqualify me forever from petitioning the court for removal from registry? Thanks
I’d recommend reaching out to Ron Kleiner via email or phone and ask him.
https://kleinerlawfirm.com/
Thank you
Good morning to you all. Well, the rabbit hole continues to expand exponentially. I finally mustered the courage to go and get fingerprinted by the arresting agency which is the Miami Dade Sheriff’s Office/PD. They were courteous and respectful and they told me that those are my prints. O.O
Again, I have not been arrested since 1996, so I decided to go home and go through my registration forms that I keep just in case. The same day of my arrest, I registered and have the receipt. That is a big coincidence. I also recall at one point back in the day, they had re-fingerprinted me.
I went to the Miami Dade Clerk of the Courts. They did a clerk certified record search and that arrest does not exist on their end.
I then reached out to the FDLE and they suggested that I fill out and send to them the Personal Review of Florida Criminal History Record. I am going today to get a hard copy fingerprint card from the Miami Dade Police Department to then mail to the FDLE along with all supporting documentation to the Criminal History Records Maintenance Section. The process takes anywhere from 30-45 business days to complete. Hopefully, they can finally decipher this riddle.
Just wanted to keep you all informed on the progress. I am hoping to be able to petition the court on my birthday which is in 3 months.
*fingers crossed
Thanks for the update. It sounds like you may get this worked out and off the dreaded list.
20+ Years:
With all of the expense and no guarantee of success after many months, I would just relocate to state that doesn’t require you to register.
The fingerprints and criminal history are required for a name change, but not to be taken off the registry, I’m almost positive.
@ 20+ years
I have seen a lot of cases where someone had someone else’s charges put on their record. This happens more when you have a common name like John Brown or Karen Rogers etc.
Even though you would hate to spend the extra money, I would hire a lawyer to prove that charge is not yours and get it removed so you can go forward. On one of my documents I was reading from the courts, they have my name spelled wrong.
Wishing you well and praying you are able to expose the truth about the false charge.
John 8:32: “And you will know the truth, and the truth will set you free.”