Miami Expunction Attorneys

Sealing a Criminal Record in Miami

If you are arrested, charged with a crime, or convicted of a criminal offense, you will have a permanent, public criminal record. However, in some specific situations, you may have your criminal record expunged or sealed. These are two different processes. If your record is expunged, it must be physically destroyed, except for a single copy that can only be viewed by court order. Having your record expunged typically frees you from having to disclose your criminal record according to public records laws.

There are several important points to understand about sealing a criminal record in Miami:

• Expungement and sealing are distinct processes: Expungement removes and destroys eligible records, while sealing makes records confidential but still in existence.
• Eligibility depends on the type of charge and outcome: Not all offenses qualify, and the process may differ depending on whether your case ended in dismissal, acquittal, or a withhold of adjudication.
• The process involves multiple government agencies: This includes law enforcement, the court, and the Florida Department of Law Enforcement, each with specific procedures.

In Miami-Dade County, both sealing and expungement proceedings are handled in local court. The process can differ based on whether your offense occurred in the City of Miami or another part of South Florida. An expungement attorney in Miami can help you follow all local filing requirements, such as submitting documents with the county clerk and preparing forms according to court procedures. Our familiarity with the Miami-Dade criminal court system allows us to address local nuances that may affect the speed or complexity of the sealing or expungement process.

To learn more about your options and whether you are eligible to have your criminal record expunged, contact our Miami expunction attorneys at Hubbs Law Firm. We are experienced in all aspects of criminal law, including record expunction. We can help you understand your legal rights and, when appropriate, guide you through the process of having your record sealed.

Contact Hubbs Law Firm online or call (305) 570-4802 for a free consultation with one of our attorneys. We are available after hours by appointment.

Steps to Expunge a Criminal Record in Florida

Step 1 – Determine If You Are Eligible

Ask yourself these questions: Have I ever been arrested for an offense that resulted in an adjudication of guilt? Have I ever sealed or expunged a prior arrest or conviction before today?

If your answer to either question is “yes,” you are not eligible to seal or expunge your record. If your answer is “no,” you may be eligible to seal or expunge your record.

Step 2 – Determine If You Need To Seal Or Expunge Your Records

If you are eligible, you should next decide whether you need to seal or expunge your records. If you seek an expungement, the law enforcement agency will destroy your records. If you seek to seal, the clerk of courts will seal your records to keep them confidential from third parties.

Expungement is preferable to sealing whenever possible. However, you are only eligible to expunge arrests immediately if they resulted in a no-file, no action, nolle prosse, or dismissal. If you received a withhold of adjudication or were found not guilty at trial, you must seal your records first. After ten years, you can apply to expunge the sealed records.

Step 3 – Obtaining Certificate of Eligibility in Florida

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

If you are working with an expungement lawyer in Miami, this step usually includes gathering documents from local law enforcement agencies, which may have different procedures based on the precinct. Someone familiar with the Miami-Dade Clerk of Courts and city police departments can speed up document collection, making sure everything is accurate and on time. Your expungement attorney can also explain how delays at the FDLE or local agencies might affect your timeline and help resolve any issues unique to the Miami area.

To obtain the certificate of eligibility, your attorney will help you provide the following documents to FDLE:

• A written, certified statement from the appropriate state attorney or statewide prosecutor showing that:
  • An indictment, information, or other charging document was not filed or issued in the case.
  • An indictment, information, or other charging document, if filed or issued, was dismissed or dropped by the state attorney or the court, and that none of the charges resulted in a trial, regardless of the trial outcome.
• Proof that the applicant does not have a criminal history record relating to certain offenses prohibited under Florida law.
• A $75 processing fee, unless waived.
• A certified copy of the disposition of the charge as required in Section 943.0585(2)(a)-(c), F.S.

Step 4 – File A Petition With the Court for Expunction

After receiving the certificate of eligibility, you must file a petition with the court to expunge the record.

Having the support of a Miami expungement attorney during this step can be crucial. Miami-Dade courts may require in-person filing or specific notarization, and your attorney knows the courthouse staff and procedures to help minimize errors. With experience in Miami-Dade courts, your attorney can anticipate questions and requests for additional documents. Attention to detail at this stage helps ensure your petition is processed correctly.

The petition must include a sworn statement attesting that he or she:

• Has never been adjudicated guilty of a crime or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b), F.S.
• Has never been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.
• Has never secured a prior sealing or expunction of a criminal history record unless the petition is for a record previously sealed for 10 years, and the record is otherwise eligible for expunction.
• Is eligible for such an expunction and does not have any other petition to expunge or petition to seal before any court.

Are You Eligible to Seal or Expunge Your Criminal Record?

In Florida, as in other states, you are only eligible for criminal record sealing or expunction if you meet certain criteria.