Expungement and Sealing of Miami Criminal Records

Expungement and Sealing of Miami Criminal Records: A Guide for Second Chances

Having a criminal record can make life extremely difficult. It can prevent you from getting a job, finding housing, or going to school. Fortunately, Florida law allows some people to have their criminal records sealed or expunged. This article will explain how expungement and sealing work in Miami-Dade County, who qualifies, and how to get the process started.

What is Expungement vs Sealing?

Expungement and sealing are two ways to remove a criminal record from public view under Florida law.

• Expungement means the criminal record is destroyed. The Florida Department of Law Enforcement (FDLE) keeps a copy, but it can only be released to a government agency with a court order.
• Sealing means the record is placed under court-ordered protection and cannot be viewed by the public. Only certain government agencies like law enforcement can access sealed records.

Both make your criminal background check come back clean so you can legally say you have no criminal record. The main difference is expungement destroys the record while sealing just hides it from public view.

Who Qualifies for Expungement in Miami?

To qualify for expungement in Miami, all of these must be true:

• You were not formally charged with a crime. This means no information, indictment, or other charging document was filed.
• If you were charged, the charges were dismissed or dropped. This includes completion of pretrial diversion, nolle prosequi, no action, no information, or acquittal.
• You have no prior convictions for any crime.
• You have never had a record sealed or expunged before.

You’ll need approval from the State Attorney’s Office that dismissed your charges. Certain serious felonies like murder, rape, kidnapping, and sex crimes can never be expunged.

Who Qualifies for Sealing in Miami?

You may seal a Miami criminal record if:

• Adjudication was withheld for a qualifying offense. Offenses like burglary, trafficking, and sex crimes don’t qualify.
• You have no prior convictions.
• You’ve never had a record sealed or expunged before.

Sealing does not require approval from the State Attorney’s Office. The same serious felonies that disqualify expungement also can’t be sealed.

How Does the Expungement and Sealing Process Work?

Expunging or sealing a criminal record in Miami takes 6-8 months because of the application backlog. Here are the basic steps:

1. Get Your Case DispositionVisit the Miami-Dade Criminal Clerk’s office and get a certified copy of the final disposition for your case. There is a fee for this.
2. Complete the FDLE ApplicationFill out the FDLE application for a Certificate of Eligibility to Seal or Expunge. Get it notarized.
3. Get FingerprintedGet fingerprinted by law enforcement. Include the fingerprint card with your application.
4. Submit to the State Attorney’s OfficeFor expungement only, submit the application and disposition to the State Attorney’s office. They will check eligibility.
5. Mail to FDLEMail the completed application packet and $75 fee to FDLE Tallahassee. Include the disposition and prints.
6. FDLE Reviews ApplicationFDLE takes 2-4 months to review application and run background checks. If approved, you get a Certificate of Eligibility.
7. File a Petition in CourtHire an attorney to file a petition in court to seal or expunge the record.
8. Court HearingAttend the hearing. Bring the eligibility certificate. The judge will likely grant the petition.
9. FDLE Updates RecordsOnce FDLE gets the court order, they will seal or expunge the record as ordered.

The whole process takes about 6-8 months. Hiring an attorney can help avoid mistakes and delays.

Benefits of Expungement and Sealing in Miami

Getting a record sealed or expunged in Miami brings many benefits:

• Pass background checks for jobs, housing, loans, schools, licensing
• Restore your reputation and public record
• Legally deny you have a criminal record
• Reduce employment discrimination
• Increase earnings and job options
• Improve access to student housing
• Feel more confident and self-assured

Finding a Miami Expungement Lawyer

The expungement and sealing process has strict eligibility rules and deadlines. Having an experienced attorney handle your case avoids mistakes and maximizes your chance of success.

Look for a Miami expungement lawyer who is familiar with both state and local procedures. Understands FDLE’s application process and background checks. Can obtain case dispositions and prepare court petitions. Has relationships with judges and prosecutors.

Avoid “expungement mills” that take on too many clients. Find a law firm that will give your case focused attention. Read online reviews and meet with the attorney before hiring.

Conclusion: Second Chances in Miami

Having a criminal record sealed or expunged gives Floridians a valuable second chance. If you qualify under Miami’s strict eligibility rules, the benefits are enormous – from better jobs to more secure housing. The process has technical steps, so hiring an attorney maximizes success. With persistence and the right legal help, you can put past mistakes behind you for good.