Expunge a Baker Act

The Baker Act is an important part of Florida’s legal framework for offering support to those suffering from serious mental illness. However, it is also frequently misused. Every year, the team at Baker Act Attorneys helps countless clients to secure the release of loved ones who have been wrongfully detained under the Baker Act. Thanks to recent developments in Florida case law, we are now also able to assist clients to expunge Baker Act records in specific circumstances. With your Baker Act record expunged, you’ll be able to put your unfortunate and traumatic experience behind you once and for all.

What Is Involuntary Detention And Examination Under The Baker Act?

The Baker Act provides for two kinds of detention and examination: voluntary and involuntary. The purpose of involuntary detention is to ensure that a person suffering from severe mental illness and who has refused treatment is stabilized, given a psychiatric examination, and held for further treatment if necessary. People who are involuntarily detained under the Act may only be held at a treatment facility for a maximum of 72 hours: if your loved one has been wrongfully Baker acted, it is crucial that you contact a reputable Baker Act attorney within this timeframe to secure their release, before a further petition is filed to extend their treatment.

It is only possible to expunge the record of an involuntary Baker Act detention. For someone to be taken into custody for involuntary examination, three legal criteria must be met:

1. The individual must be experiencing mental or emotional impairment to such an extent that they have lost their powers of self-control and/or the ability to perceive reality, and this is limiting their capacity to meet the demands of daily life;
2. As a result of the aforementioned impairment, the individual has refused to access a psychiatric examination or is unable to recognize that they need such an examination;
3. Without examination and treatment under the Baker Act, the individual is likely to suffer serious, harmful neglect, or there is a significant risk that they will cause serious harm to themselves and/or others.

In many of the cases that Baker Act attorneys deal with, one or more of the above criteria have not been met. A Baker Act hold may also be wrongful if an improper procedure has been followed.

What Are The Three Routes To Involuntary Detention Under The Baker Act?

A Baker Act record can only be expunged in very specific cases, so it’s important to understand the three different routes to an involuntary Baker Act hold. First, a law enforcement officer who observes an individual who meets the above criteria may exercise their discretion and take the person into custody under the Baker Act, and deliver them to the nearest treatment facility. Second, a clinical psychologist, physician, licensed social worker or other qualified professional who examines someone they think meets the above legal criteria may issue a professional certificate that states the person requires involuntary examination under the Act. Law enforcement will then be called to transport the person to the nearest facility.

The third way a person can be Baker Acted is by a court order. If a concerned individual, such as a family member or friend, thinks that their loved one meets the requirements for involuntary examination, they can bring an ex parte petition to court and provide evidence under oath explaining why the person meets the criteria for involuntary detention under the Baker Act. If the court grants the petition, it will order law enforcement to take the person into custody and deliver them to a treatment facility for involuntary examination.

Can A Baker Act Record Be Expunged?

At Baker Act Attorneys, we are routinely asked by our clients whether a Baker Act record can be expunged. In the past, the answer to this question was no. However, recent developments in Florida case law now indicate that expungement may be possible in certain cases. Expungement is a term that is usually used in the context of criminal records: when a person’s criminal record for a particular crime is expunged, the arrest and/or conviction relating to that crime is completely cleared from their name (as an aside, it is important to note that Baker Acting is not a criminal law process, and being Baker Acted is not a crime). The expungement of a Baker Act record has a similar meaning: the record of your wrongful Baker Act hold will be completely cleared.

Under What Circumstances Can A Baker Act Record Be Expunged?

A Baker Act can only be expunged in circumstances where involuntary examination was initiated by the third route above, that is, through a petition brought by a third party who alleged under oath that a person meets the legal requirements for involuntary detention and examination, the court granted the order, and law enforcement detained that person. When involuntary examination was initiated in this way, and you must have good reason to believe that the party who brought the ex parte petition lied under oath when alleging that you (or your loved one) met the requirements for an involuntary Baker Act, then there may be grounds for a Baker Act attorney to initiate legal proceedings to expunge your Baker Act record. In other words, only when a wrongful Baker Act was the result of perjury (the legal term for lying under oath) is it possible to bring proceedings to expunge it.

It’s important to note that even without expungement, all Baker Act cases are confidential. This is a requirement included in the Baker Act itself, to protect the privacy of those seeking mental health treatment and reduce stigmatization. All Baker Act proceedings are kept entirely confidential at the Clerk’s office, and no member of the public may access records of any Baker Act proceedings. That does not, however, mean that it cannot be found, which is why expungement is so important.

How Can A Baker Act Attorney Help Me In My Expungement Case?

Expunging a Baker Act is a complex and novel legal process that requires the assistance of an experienced Baker Act attorney. If you think that the circumstances of your case may give grounds for expungement, your first step should be to consult with a highly qualified Baker Act attorney to assess your prospects of success. Even if you are convinced that the person who Baker Acted you lied under oath, you will need to present strong evidence to this effect to the court. Proving that someone has lied under oath can be very difficult, so you will need the strategic guidance of an experienced lawyer to help you navigate the process and build a strong case.

Will I Still Need To Disclose My Baker Act Record?

It is important to understand that even if you are able to successfully expunge your Baker Act record, you may still need to disclose it. For example, if a prospective employer requires you to indicate whether you have ever been Baker Acted, you may still need to answer yes, even if your record has since been expunged. Of course, you will be able to indicate that your Baker Acting was wrongful and that it has since been expunged. Likewise, if you are applying for naturalization, you may still need to answer truthfully if the Department of Homeland Security asks you whether you or a family member have ever been Baker Acted.

Compassionate And Experienced Baker Act Attorneys In Boca Raton, FL

If you or a family member have been wrongfully Baker Acted and you think that you have grounds for expungement, the team at Baker Act attorneys is here to help you. We are passionate about getting people the help they need while ensuring that their rights are upheld and their best interests are protected.

With our wealth of legal experience, meticulous attention to detail, and talent for legal strategy, we’ll ensure you receive exceptional legal representation in your Baker Act case. Contact us today at 855-429-0074 for emergency assistance or to arrange a consultation.