I want to expunge my baker act/marchman act record, how do I do that?
Hello, everyone! Welcome to another edition of our video newsletter.
In this video, I want to talk to you about your rights to expunge. In other words, remove evidence of a baker act or margin act from your record. What I would tell you is there is no process to remove any of these things from your record, and the reason for that is that under chapter 397, which is the Marchman Act, and chapter 394, which is the Baker Act, those filings are supposed to be confidential. That means that a public member cannot walk into the courthouse and pull your Baker Act and Marchman file. It means they can’t go to the clerk of court’s website and find that information because it’s confidential. However, that confidentiality is not absolute. What does that mean? It means if you are seeking employment, especially if you’re seeking employment with either the federal, state, local, or county government, it may get found. I understand individuals that call us who have been wrongfully baker acted. This is a frustrating process. Unfortunately, there is no statutory authority to go into the court and file removing it physically.
With that said, stay safe, and thank you once again for tuning in. Bye.