Record Expungement Lawyer in Miami, FL

If you have been arrested and charged with a crime in the past, you probably already know how that singular event can thrust your life into utter chaos. Even misdemeanor charges, such as a domestic violence battery or petit theft, can affect your job, finances, and personal life. Further, the negative aspects of being criminally charged can reach far beyond the immediate effects. In fact, the lingering effects of having a criminal record can haunt you for the rest of your life. That is why it is critical to hire a Miami seal-and-expunge lawyer with the necessary experience to clean your record.

The most common danger associated with a criminal record is its effect on your ability to secure quality employment. It is commonplace for employers to routinely conduct background checks on prospective employees. In addition, background searches can occur in relation to applications for credit, housing, education, state licensing, and other vital areas of your life. Some private investigators even offer to run criminal background checks for people who want to check out their new boyfriend or girlfriend.

If you have been found guilty or pleaded no contest to a crime, that information is part of the public record and can be easily found through a routine background check. A dismissal does not necessarily remove every public record of an arrest. Under Florida’s automatic sealing law, qualifying FDLE records are sealed, and the related court records become confidential after FDLE notifies the clerk. Records held by other criminal justice agencies are not automatically sealed through that process, so further relief may still be needed.

Florida law allows eligible people to have criminal records sealed or expunged, which limits public access to those records. Different rules apply to a federal criminal case. Federal expungement is narrowly limited. One statutory route applies to certain first-time simple drug-possession cases when the person was under 21 at the time of the offense and successfully completed the special probation process under 18 U.S.C. § 3607.

Eligibility depends on your full criminal history and how the case ended. The Florida Department of Law Enforcement (FDLE) advises that an adult adjudication of guilt in any jurisdiction can disqualify an applicant from ordinary court-ordered sealing or expungement. This includes convictions for criminal traffic offenses such as DUI or driving with a suspended license. Certain juvenile adjudications and prior Florida sealing or expungement orders can also affect eligibility. Any court supervision for the case must be complete.

Seal or Expunge the Record?

If you are eligible for expungement, you would also qualify to have it sealed. Most people choose to have their records expunged if they are eligible.

Expungement

Depending on your criminal history and the other eligibility requirements, you may qualify for expungement when:

  • The prosecutor didn’t file charges in your case, and there was no criminal prosecution (“no action” or “no information”)
  • The prosecutor voluntarily dismissed the case after filing charges (“nolle pros“)
  • The judge dismissed the case
  • You were acquitted (found not guilty) of all charges

If you pleaded guilty or no contest and the judge withheld adjudication, you generally must have the record sealed before seeking expungement. An otherwise eligible record may qualify for expungement after it has been sealed by court order for at least ten years. For court-ordered expungement, the FDLE application also requires a certified statement from the appropriate prosecutor.

Sealing

If you pled guilty or no contest and the judge withheld adjudication (gave you a withhold of adjudication), you may qualify to seal your arrest record. This assumes you don’t have a prior conviction and that your case didn’t involve a prohibited charge (see below).

The Difference Between Sealing & Expunging Records

Although the public will not be able to view a sealed or expunged criminal history record, a limited number of governmental or related entities have access to sealed criminal records. An expunged record, on the other hand, isn’t accessible to most entities without a court order. Agencies that have access to sealed records are notified when a record is expunged, but cannot view the records themselves. Examples of entities that have access to sealed records include criminal justice agencies, law enforcement agencies, and government agencies responsible for licensing.

Which Offenses Can Bar Sealing or Expungement?

Under Florida Statutes § 943.0584, a finding of guilt or a guilty or no-contest plea to any of the offenses listed below bars ordinary court-ordered sealing or expungement, even if the judge withheld adjudication. The charge alone does not create this bar. If charges were never filed, were dismissed, or ended in an acquittal, you may still qualify if you meet the other requirements.

  • Sexual misconduct
  • Illegal use of explosives
  • Terrorism
  • Murder
  • Manslaughter or homicide
  • Domestic violence assault or battery
  • Aggravated assault
  • Felony battery, domestic battery by strangulation, or aggravated battery
  • Stalking or aggravated stalking
  • Luring or enticing a child
  • Human trafficking
  • Kidnapping or false imprisonment
  • Any offense defined in chapter 794, Florida Statutes
  • Procuring a person less than 18 years of age for prostitution
  • Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
  • Arson
  • Burglary of a dwelling
  • Voyeurism or digital voyeurism
  • Robbery or robbery by sudden snatching
  • Carjacking
  • Home-invasion robbery
  • A violation of the Florida Communications Fraud Act
  • Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
  • Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person
  • Child abuse or aggravated child abuse
  • Sexual performance by a child
  • Any offense defined in chapter 839, Florida Statutes
  • Certain acts in connection with obscenity
  • Any offense defined in Florida Statute 847.0135
  • Selling or buying of minors
  • Aircraft piracy
  • Manufacturing a controlled substance in violation of chapter 893, Florida Statutes
  • Drug trafficking
  • Any violation specified as a predicate offense for registration as a sexual predator or sexual offender, without regard to whether that offense alone is sufficient to require registration

Contact Experienced Miami Sealing and Expungement Attorneys

Over the years, our Miami sealing and expungement attorneys have assisted hundreds of clients in sealing or expunging all types of criminal cases. CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

FILL OUT INTAKE FORM

*Due to the large number of people who contact us requesting our assistance in expunging or sealing their criminal records, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY IN MIAMI-DADE COUNTY