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Expunction of a Criminal Record

A court may order a criminal record to be expunged. “Expunction of a criminal history record” is defined in s. 943.045(16), F.S.

If you are interested in sealing or expunging a criminal record, then contact an attorney at Hubbs Law in Miami, FL.

Call (305) 615-5945 to discuss your case today.

Steps to Expunge a Criminal Record in Miami, FL

To expunge the record, your attorney will first help you obtain a valid certificate of eligibility from the Florida Department of Law Enforcement (FDLE). To obtain the certificate of eligibility, your attorney will help you provide the following documents to FDLE: 

To be eligible to expunge the record, the person must also not:

After receiving the certificate of eligibility, the person must file a petition with the court to expunge the record. The petition must include a sworn statement attesting that he or she:


Effect of an Expunction of a Criminal History Record

If the court grants a petition to expunge, several entities are required to forward copies of the expunction order to relevant persons or entities. The clerk of the court must provide the expunction order to the state attorney or statewide prosecutor, the arresting agency, and any entity that previously received the criminal history record from the court.

The arresting agency must provide the expunction order to any entity to which the agency previously disseminated the criminal history record information. Finally, the FDLE must provide the expunction order to the Federal Bureau of Investigation. Section 943.0585(3), F.S.

Any criminal justice agency that has a record that is expunged must physically destroy or obliterate the record. The FDLE, however, must maintain the record. The record is protected as confidential and exempt from disclosure requirements under the public records laws under Section 943.0585(4), F.S.

A person who has had a record expunged may deny or fail to report the record, unless the person is:


This article was last updated on Friday, June 9, 2017.

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