To FL Dept of Law Enforcement, request for Naples DUI Atty Donald Day's Expungment Application

Susan A. filed this request with the Florida Department of Law Enforcement - Expunge Section of Florida.
Tracking # 2015-2168
Status
Rejected

Communications

From: Susan A.

To Whom It May Concern at

Florida Department of Law Enforcement
Post Office Box 1489
Tallahassee, Florida 32302-1489
Attention: Expunge Section

(850) 410-7870 Expunge Section:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a certified copy of the entire application file -- including the application document, supporting documents of whatsoever nature, any court documents, a copy of the check, any document at all in that application, including any Certificate of Eligibility, and any "certified disposition of the case that he/she is applying to have sealed or expunged (as required pursuant to 23(c) here --
-----------------------------------------
http://www.fdle.state.fl.us/Content/getdoc/7c627128-eab9-4815-bc11-4f93273f016d/Frequently-Asked
Questions.aspx#Info_needed_to_complete_the_application

23. What information is required to complete the application for Certification of Eligibility?
C. The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged.
---------------------------------------------
-- that was submitted to FL Dept of Law Enforcement by Naples DUI Attorney Donald Day for an expungment in or around April 2001 under my name for a false arrest that happened in Naples, FL in Oct 2000.

Although not required, I am letting you know the reason for my request: In the almost 15 years since this false arrest, battery and false imprisonment I suffered, I have never once seen from, nor received from, Naples DUI Attorney Donald Day, any certified official final disposition of the fake criminal charges against me (the fake DUI arrest, etc).

To my knowledge, there is still no final official disposition for this matter.

Consequently, I would like to know what documents Attorney Donald Day provided to your agency. Did he provide you with an incomplete application that somehow was approved by your agency despite it being incomplete?

Or, do you wish to inform me it was a complete application? And that you will provide me with a certified copy of this application file?

Because again, in almost 15 years now, I have never seen an official final disposition of this false arrest by Naples Police.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: Records Seal & Expunge

Ms. Alyn,

Per Florida Statute, 943.0585(4), a court order is required to access expunged criminal history information:

A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s/ 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction.

You can request a personal review of your Florida criminal history by submitting your fingerprints to the Quality Control Section. A personal review will allow you to see what information FDLE has on file for you. If the record is expunged you will receive documentation stating that a record was expunged per Florida Statute but it will not give you any details about that arrest event. If you choose to request a personal review you will submit the request to FDLE, Attention: Quality Control Section, PO Box 1489, Tallahassee, Florida 32302.

If you have any further questions please do not hesitate to contact me.
Thanks

Gernett Catherine Rogers
Senior Management Analyst Supervisor
Seal and Expunge Section
gernettrogers@fdle.state.fl.us

From: Susan A.

Dear Ms. Rogers:

It is the application I am seeking -- I think I am allowed to obtain a certified copy of that application file.

If not, do you have a specific exemption you can cite in the FL Statute that would exempt you from providing me
with the application file -- which was filed by an attorney allegedly representing me? Because I think that file is
incomplete and therefore should have been rejected.

My understanding is that a criminal expungment can only be obtained if the matter went to criminal court.
In my situation, a false DUI arrest, the matter was actually dropped by the state attorney -- and never went to criminal court.

Consequently, I think there was actually no eligibility for a court-ordered expungment.

The type of expungment I should have been told I was eligible for, and should have applied for, is an administrative expunction, not
through the court.

Since this is a matter involving an application, and one that I now believe was incomplete and should not have been filed nor approved by FL Dept of Law Enforcement, I would like a certified copy of the entire application file -- unless you can cite a specific exemption in
this situation. (My criminal history is: a false DUI arrest. And, such arrest actually never went to any courtroom. I was never even arraigned on the charge. That is it for my criminal history.)

Thank you.

Susan Alyn

From: Susan A.

PS Also, perhaps I should note: the certified public record I am seeking -- the application file -- is evidence of a crime, I believe, involving simulation of service. It is a crime I did not commit, but the attorney, Donald Day, I believe, did commit. He did so for the purpose of destroying all the evidence of public corruption involved in my false arrest.

I mention this because: I don't think you can withhold evidence from me, with all due respect to you and your office. I think that evidence, of a crime, has to be made available to me, in response to a public records request for a certified copy of that application file.

I will find the statute number of the felony crime I believe has been committed, in my name, without my knowledge, and without my
participation in such a crime.

From: Susan A.

Here is the crime I believe Naples DUI Attorney Donald Day knew he was committing when he filed the false and incomplete application with FL Dept of Law Enforcement, and it is a felony. I would like a certified copy of the application file because I Believe it is evidence of this crime and I would like to turn over that evidence to the FBI:

http://law.justia.com/codes/florida/2010/TitleXLVI/chapter843/843_0855.html

2010 Florida Code
TITLE XLVI CRIMES
Chapter 843 OBSTRUCTING JUSTICE
843.0855 Criminal actions under color of law or through use of simulated legal process.

843.0855 Criminal actions under color of law or through use of simulated legal process.

(1) As used in this section:

(a) The term “legal process” means a document or order issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act. “Legal process” includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.

(b) The term “person” means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals.

(c) The term “public officer” means a public officer as defined by s. 112.061.

(d) The term “public employee” means a public employee as defined by s. 112.061.

(2) Any person who deliberately impersonates or falsely acts as a public officer or tribunal, public employee or utility employee, including, but not limited to, marshals, judges, prosecutors, sheriffs, deputies, court personnel, or any law enforcement authority in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who simulates legal process, including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings, knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any person who falsely under color of law attempts in any way to influence, intimidate, or hinder a public officer or law enforcement officer in the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(5)(a) Nothing in this section shall make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority.

(b) Nothing in this section shall prohibit individuals from assembling freely to express opinions or designate group affiliation or association.

(c) Nothing in this section shall prohibit or in any way limit a person’s lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process.

History. s. 1, ch. 97-203.

Disclaimer: These codes may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

From: Records Seal & Expunge

Ms. Alyn,

The release of a redacted copy (no criminal history) of you application form may be released if you submit your fingerprints, taken by a law enforcement agency, to confirm identity. For information regarding the criminal history record a court order will be required.

Gernett Catherine Rogers
Senior Management Analyst Supervisor
Seal and Expunge Section
gernettrogers@fdle.state.fl.us

From: Susan A.

Ms. Rogers,

Thank you for this email, but it's not my application "form" -- it's the file itself, because as I recall: there is a document in that file that has to "appear" to be a document from the criminal court, but again, this matter never went to criminal court. That document is fraud, and there may be another document, required by your agency concerning the court, which does not exist, making the file incomplete.

I apologize if this is confusing, I am recollecting off the top of my head at this moment. But, I know: the one and only "court document" this attorney ever gave to me turned out to be a forgery. It took many years for me to discover it is a forgery.

That document -- that forgery -- is the basis for this court-ordered expungment, and, again, that document is a forgery.

Is it possible you could tell me if that document is in the file? Or what "court document(s)" this application file contains, allegedly proving to the FL Dept of Law Enforcement that this matter came before a criminal court? Because to my knowledge, again -- this matter was never in a courtroom. (And I do believe the state attorney Stephen Russell knows that, as do others.)

From: Records Seal & Expunge

Without a court order I cannot give you the information that you are seeking.

It should be noted that per Florida Statute 943.0585 to be eligible to have a record expunged the charges have to nolle prose, no action, not filed, dismissed or dropped. Additionally, the State Attorney in the county or circuit of the arrest has to sign section B of the application for certificate of eligibility.

Gernett Catherine Rogers
Senior Management Analyst Supervisor
Seal and Expunge Section
gernettrogers@fdle.state.fl.us

From: Susan A.

Re: "Additionally, the State Attorney in the county or circuit of the arrest has to sign section B of the application for certificate of eligibility."

This is due to a revised form.

I think at the time of this expungement, early 2001, there was no "Part B" on the application form, and no signature required of a state attorney. I say that because once not long ago, I did look up and research the current form for expungment -- and was shocked to see how different it looked than what I recalled. The application form now being used is not the same as the one used in early 2001, and is completely revised now, is my belief.

What you are saying here now is also very different than what the law was when this expungment happened:

"It should be noted that per Florida Statute 943.0585 to be eligible to have a record expunged the charges have to nolle prose, no action, not filed, dismissed or dropped."

When this expungment happened, the actual current FL law at that time ALSO allowed people who had pled guilty or were found guilty, to have a record expunged, provided it was a first offense.

This was extremely upsetting to me, because I did not know if the application had been filed with an alleged and false "guilty" verdict. I complained about this, as I recall, to several people. The law was then, to my surprise, changed.

Consequently, all that you are saying here reflects the current form and the current law -- but not the form used in my application, and not the law in existence when this expungement happened, as I recall.

In addition, I do not have, from anyone, either the state attorney Stephen Russell or his office, or from the private attorney Donald Day, or anyone else , any actual, official, final disposition to this matter.

What I have received is as follows: (a) a phone call at my parents' house from a woman claiming to be from the state attorney's office telling me the state attorney is not prosecuting this case; and then (b) a forgery of a court document, meaning, it is not a certification of a final disposition in any way. This was the one and only court document Donald Day gave to me.

That is not an official final disposition. One has to be an attorney practically, and keep up with all the changing FL laws, to discover what is actually happening and how public corruption is constantly being covered up.

If the FBI is interested in what is in that application file for this fraudulently obtained expungment, I guess they will have to go to court and get a subpoena. Even then, who knows how much the contents of that file may have changed from the date it was actually submitted to the FL Dept of Law Enforcement, no offense to you intended.

Thank you anyway.

From: Records Seal & Expunge

Ms. Alyn,

The requirement to expunge a record pursuant to Florida Statute 943.0585 was the same in 2001 as it is today. A person who has been found guilty of a criminal offense is not eligible to have their record sealed or expunged (this was also the law in 2001). When an application is received by FDLE we do a state, national and criminal traffic check to determine if the applicant has any prior convictions (this was also the process in 2001).

Gernett Catherine Rogers
Senior Management Analyst Supervisor
Seal and Expunge Section
gernettrogers@fdle.state.fl.us

From: Susan A.

Another change I read about, and I was shocked to read, was this one: now, the FL Dept of Law Enforcement no longer destroys anything; everything is instead "sealed." In other words, even though back then when a fraudulently obtained expungment in 2001 could in fact cover up and conceal public corruption (by destroying the police video, showing no traffic violation and showing instead an illegal battery on a driver), now, everything, under this new law, has to be "sealed" only -- and not destroyed (if I understand this new law correctly).

But back in early 2001, a fraudulently obtained expungment could in fact destroy key evidence.

I also read another new law with respect to expungements says something to the effect that if you start asking questions like I am now, then, the FL Dept of Law Enforcement can unseal your mug shot, since now, that much shot is also not being destroyed -- as the new law above.

I do believe there was a fraudulently obtained expungment by Donald Day for the purpose of concealing public corruption. How exactly he obtained it, I can not say off the top of my head, but I am sure it somehow involved the forgery of a court document he gave me, since it was the one and only court document he gave me. And, it was a forgery, of that I am now sure.

Susan Alyn

From: Susan A.

I am certain the FL law was different in 2001 and people found guilty or who had pled guilty, for a first offense, were eligible for expungment. I am sorry but I do recall reading that and copying that law, and saving it. I can not speak to why you are claiming what you are saying, but I do know: these expungment laws have changed, dramatically, over the years, as has the application form.

From: Susan A.

It occurs to me that regardless of what is now in that file -- regardless of whether the form has been rewritten on a new form, or what documents are in that application file for an expungment -- this fact remains:

this court-ordered expungment was fraudulently obtained by attorney Donald Day. Because he deliberately lied to me as to the reason for obtaining an expungment. When he first told me the next step in all this was to obtain an expungment from "the court" -- I said what for? All I have is that one court-document (the forgery). And that forgery of a court document at least purports to show: I am not guilty.

What would be the point of an "expungment" -- ? He told me, falsely: that a court-ordered expungment was necessary to get rid of all
the court documents he had filed in an "appeal" because the suspension of a license is "automatic." (In other words, no hearing takes place to argue the suspension of a license; that argument goes on in court -- and that is what would be "expunged" by this "court-ordered" expungment.)

But, now I see: what got expunged was the police video; and, what remains, is all the false documentation from the police, online in a fake appeal Donald Day filed after no suspension hearing ever took place.

He did get any expungment of any "appeal" of a "suspension" which is "automatic" -- he was just depriving me of my civil right to sue the Naples Police et al for their false arrest of me.

And, keeping their false documentation online, in a fake appeal, of a non-existent suspension hearing, so as to pretend they had "probable cause" to arrest me when they did not.

It is quite remarkable to me how corrupt the system is in Collier County. I shudder to think of all that goes on there that no one knows about who is actually interested in the Rule of Law.

Just my opinion.

But again - this was still a fraudulently obtained expungment, no matter what is or is not in that file. I would like to complain about Donald Day to the FL Bar, but, I have found the FL Bar is corrupt, too.

From: Susan A.

Finally, I just want to add, though it may not matter: I will guess there is no place on the FL Dept of Law Enforcement website that actually explains to the public (a) what documents, materials, evidence are "expunged" and (b) what is not "expunged." Or what it means to have your name in a criminal expungment data base in terms of future employment and job seeking, especially for certain professions, including teaching.

When I was falsely arrested -- without probable cause, and with an illegal battery committed on me -- there were no mug shots routinely published in the newspaper. But it was humiliating enough to see my name published in the newspaper as a "DUI arrest." Because the newspaper does not follow up and report the outcome of such an arrest (like charges were dropped, etc.).

But a short time after I was falsely arrested -- the daily mug shots became a feature of the online local newspaper.

So, to visit or live in Naples, FL, means you can be an innocent person, but be falsely arrested -- and now, have your mug shot splashed all over the online newspaper for eternity on the internet -- and have your name written up as an arrest online, and then, even if you are not found guilty or not even charged, well, you are pretty much ruined for life. Because people don't know it charges were dropped. The newspaper does not tell them. The mug shot is never "updated" with a final disposition.

It is very intimidating and scarey. Believe it or not, there are communities where you can live, and placed you can visit, where the local newspaper does not publish a daily photo gallery of mug shots of people arrested, including those falsely arrested.

I would have preferred to just have the one court document suffice, but I now realize it was a forgery Donald Day gave me, so it was never online at the court site -- and no one would know the forgery's alleged outcomes to my false arrest.

And, the court does not disclose what is a final disposition to a criminal case. Keeping the public uninformed, ignorant, and afraid, seems to be the main goal of certain public officials and private attorbeys in Collier County, FL, is my opinion based on my experiences there, I am sad to say.

I would never again visit there or live there. Never.

From: Susan A.

And I apologize for posting again, as probably no one cares what I have to say, but the worst part in all of this is that you never get to speak.
The police falsely arrest you, now your mugshot is splashed on the internet for eternity, and your day in court never comes because: charges are dropped or dismissed or whatever, and now you have to go get a "criminal expungement" under current law with that outcome -- and you never once get to speak, on the record, in court, to a jury, to prove there was no probable cause to arrest you. What happened to civil rights and due process? Your life is destroyed and yet - you are never allowed to say a word. I am sorry but it is extremely extremely unfair, especially when so many other people get to speak and speak -- and lie, lie, lie, lie, lie, lie, lie, lie, lie, lie, lie, lie, lie, lie, and lie some more.

From: Public Records

Dear Ms. Alyn:

RE: Public Records Request Confirmation Receipt, FDLE Docket No. PRR 2015-2168 Certified copy of Certification of Eligibility entire application file

Your public records request has been received and this email serves as your public records request acknowledgement. Requests are processed in the order that they are received.

Please feel free to contact us if you have additional specific information relating to the records you are requesting, as this may help expedite your request and/or reduce costs that may be associated with the request.

Additional information regarding how to obtain public records including what costs may be applicable is contained on the hyperlink below. We are committed to our fundamental values of Service, Integrity, Respect, and Quality.

For Additional Information click
http://www.fdle.state.fl.us/Content/getdoc/3d87dfa8-1dfb-469a-b0a3-3246b7cccc04/FDLEGuidetoPublicRecords.aspx

If you have any questions concerning your request, please contact us at (850) 410-7676, or publicrecords@fdle.state.fl.us<mailto:publicrecords@fdle.state.fl.us>.

Sincerely,

Office of General Counsel
2331 Phillips Road
Tallahassee, FL 32308
(850) 410-7676
PublicRecords@fdle.state.fl.us<mailto:PublicRecords@fdle.state.fl.us>

CONFIDENTIALITY NOTICE - The information contained in this e-mail transmission from the Florida Department of Law Enforcement is PRIVILEGED and CONFIDENTIAL. It is intended for the sole use of the person (s) or entity named. If you are not the intended recipient of this transmission, the dissemination, distribution, copying, or other use of this information may constitute a violation of §119, F. S. and is strictly prohibited. If you have received this email in error, please contact the sender immediately.

From: Susan A.

Re: "CONFIDENTIALITY NOTICE - The information contained in this e-mail transmission from the Florida Department of Law Enforcement is PRIVILEGED and CONFIDENTIAL. It is intended for the sole use of the person (s) or entity named."

Muckrock is a public website and your emails are posted here.

Also -- this is the first time your disclaimer has appeared.

If some law has been unintentionally violated by me in requesting this information via Muckrock, I can request Muckrock remove this posting if need be; please let me know.

From: Public Records

Thank you for contacting the Florida Department of Law Enforcement Office of General Counsel. This message is being provided as confirmation your message was received. You should receive a response to your inquiry as soon as possible. Please feel free to contact 850-410-7676 to speak with a representative directly. Additional information regarding how to obtain public records including what costs may be applicable is contained on the hyperlink below. We are committed to our fundamental values of Service, Integrity, Respect, and Quality.

For Additional Information click
http://www.fdle.state.fl.us/Content/getdoc/3d87dfa8-1dfb-469a-b0a3-3246b7cccc04/FDLEGuidetoPublicRecords.aspx

From: Susan A.

RE my previous statement: "If some law has been unintentionally violated by me in requesting this information via Muckrock, I can request Muckrock remove this posting if need be; please let me know. "

I thought about this more, and I have concluded: I did not violate any laws by making this public records request for the application that was filed by a FL attorney, Donald Day, for this expungment.

He fraudulently obtained this expungment in numerous ways. What is now in the file at FDLE is completely unknown to me.

But, I do know the following facts which I will state again here with complete certainty:

(1) The one and only court document I ever received from Donald Day in this false arrest was a forgery of court docket.
It was a forgery because he handwrote outcomes he invented. If it were a real court docket showing a final disposition,
I now know: it would have been completely computerized text printed from a computer screen. But, because he actually
never set foot in a courtroom, and instead created a forgery, I have never had an actual, legal, final, certified disposition
to this false arrest.

(2) The one and only communication I received allegedly from Stephen Russell state attorney's office shortly after my false
arrest, battery, false imprisonment (and many violations of my civil rights), is a phone call made by a woman claiming to
be from that state attorney's office, who spoke for a very long time about the serious charge of DUI, how they always prosecute it,
etc etc etc and then said, but, in this instance, they will not prosecute. (They will not prosecute because they have no evidence
whatsoever I was DUI, and I was arrested contrary to law, without probable cause, as I believe they knew.) This phone call came
to the home of my mother and father, and I recall to this day sitting in my mom's computer room at her desk listening on the phone
to this long speech by this woman claiming to be from the state attorney's office.

That phone call does not count as a legal, final, official, certified disposition either.

I also know: the application Donald Day gave me did not have a Part B. I don't know if Donald Day invented a new application just for me,
or if FL Dept of Lw Enforcement, substantially changed its application form for expungment.

If the requirement for an expungment has always been a "certified final disposition" then this expungment does not meet that
requirement and should be vacated.

The reason I was falsely arrested has to do with two corrupt politicians, father and son, who, in my layman's non-medical opinion,
are in fact both psychopaths, as their conduct fits the definition of a psychopath. To detail all they have done, to conceal their crimes,
would require me to describe crazy conduct, and, would have the effect of making me appear to be crazy. So, I am omitting in this
response their names, what they did, for how long they did it, etc. Suffice to say: It took me many years to figure this out, but, did.

The expungement should be vacated because it was fraudulently obtained for many reasons, not all are listed here in this response.

The false arrest, battery, false imprisonment, and total violation of my constitutional right resulted from how this arrest came about:
from one psychopath corrupt politician, encouraging his psychopath corrupt politician son to protect him, and destroy a witness
to the elder's financial crimes and cover-up, which I did not wish to know and unintentionally stumbled into.

It is not too difficult for this psychopathic duo to corrupt private attorneys and public officials. That is how this all happened.

Again, I will not be phoning you to discuss, and I do not believe I did anything wrong now, by asking about this expungment publicly,
because: it was fraudulently obtained and there is no certified final official legal disposition to this false arrest and there never has been.
A forgery of a court document and a phone call do not constitute a certified final legal disposition to this criminal matter.

From: Public Records

Thank you for contacting the Florida Department of Law Enforcement Office of General Counsel. This message is being provided as confirmation your message was received. You should receive a response to your inquiry as soon as possible. Please feel free to contact 850-410-7676 to speak with a representative directly. Additional information regarding how to obtain public records including what costs may be applicable is contained on the hyperlink below. We are committed to our fundamental values of Service, Integrity, Respect, and Quality.

For Additional Information click
http://www.fdle.state.fl.us/Content/getdoc/3d87dfa8-1dfb-469a-b0a3-3246b7cccc04/FDLEGuidetoPublicRecords.aspx

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