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Miami, Florida Expungement Attorney

Lawyer Helping to Expunge or Seal Criminal Records in Miami, FL

A criminal record can be a problem. Even after a criminal case is over and you have completed any sentence, information about the case will be accessible in background checks conducted by employers, landlords, educational institutions, or licensing boards. These records can follow you throughout your life, limiting your job opportunities, affecting loan applications, and causing other issues. Fortunately, you can take steps to remove certain criminal records from public access through expungement or sealing. These processes can be complex, but by working with an attorney, you can make sure they will be completed correctly.

At Stroleny Law: Criminal Defense Attorney, we help people in Miami and other nearby areas apply for expungement and record sealing applications. Our goal is to help you clear your record so you can move forward without the weight of past mistakes affecting your life. We will help you understand whether you are eligible for expungement or sealing, work with you to submit the proper applications and documentation, and provide representation during court proceedings. With our help, you can get the fresh start you deserve.

Reasons to Clear Your Criminal Record

When applying for a job, a potential employer may perform a background check that could reveal arrests and convictions in your past. This information could cause them to reject you as a candidate. With a criminal record, jobs in fields like healthcare, education, and financial services may not be available to people with criminal records.

Professional licensing boards may deny licenses based on your criminal record. If you work as a nurse, teacher, accountant, real estate agent, contractor, or other type of professional, you may be unable to obtain or renew your license due to a criminal record.

An application for housing may be denied when a landlord discovers that you have a criminal record. Some property managers have blanket policies against renting to anyone with a criminal history, regardless of the type of offense or the amount of time that has passed since a case was closed.

Educational opportunities may also be affected by criminal records. You may have trouble being accepted when applying to a college, and you may struggle to receive financial. Graduate programs and professional schools may conduct background checks, and a criminal record may prevent you from being admitted to these programs.

Applications for mortgages, auto loans, or business loans may be denied due to a criminal record, or the terms of loans may be unfavorable. Building wealth and achieving financial stability can become more difficult if you do not have access to credit.

Understanding Expungement and Sealing

You can take steps to clear your criminal record by applying for expungement or sealing. Expungement, which is also known as expunction, will completely destroy the records related to an offense. Information will be deleted from public databases or destroyed by government agencies. After receiving an expungement, you can legally deny that arrests or related court proceedings occurred in most cases, although there are a few exceptions.

Record sealing will make records confidential and prevent them from being disclosed to the public. Sealed records will be placed in confidential files that are not accessible through standard background checks or public records requests. However, they will still be accessible to law enforcement officials and certain government agencies. Most private employers, landlords, and educational institutions will be unable to access sealed records.

Eligibility for Expungement and Record Sealing in Florida

Expungement is addressed in Florida Statutes § 943.0585. In general, you will be eligible for expungement if a criminal case was dismissed or if you were found not guilty. After a dismissal, expungement will be available immediately. However, after a "not guilty" verdict or a withholding of adjudication, you will first need to apply for sealing, and you will be eligible for expungement after records have been sealed for 10 years.

Record sealing is addressed in Florida Statutes § 943.059. The same eligibility requirements will generally apply for sealing as for expungement. If a court has imposed a sentence but withheld a formal adjudication of guilt, records may be eligible for sealing after meeting certain requirements, including completing a term of probation and paying fines and restitution.

Convictions that resulted in guilty verdicts generally cannot be expunged or sealed. You will only be eligible for expungement or sealing once during your lifetime.

Applying for Expungement or Sealing

Before applying, you will need to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) certifying that you meet the eligibility requirements to have your criminal record cleared. FDLE will review your criminal records to verify your eligibility. A Certificate of Eligibility will be issued if you meet the proper criteria.

You will then file a petition for expungement or sealing with the circuit court where your criminal case was handled. The state's attorney will receive notice of the petition, and they will have the opportunity to object. A hearing may be required in cases where a prosecutor objects or when a judge wishes to review the case. At the hearing, you can present evidence showing why your criminal record should be cleared, and you can respond to any objections.

If your petition is approved, the judge will issue an order granting expungement or sealing. The court will send this order to law enforcement agencies or other government organizations, directing them to seal or expunge your records.

Legal Help Clearing Your Record

Our attorney can perform a comprehensive review of your criminal records to determine whether you are eligible for sealing or expungement. He will help you understand what options are available. He will work with you to prepare your petition, including completing all FDLE forms correctly, gathering the required documentation, and making sure the petition is submitted correctly.

If the state's attorneys oppose an expungement or sealing, our lawyer can help address their concerns and negotiate agreements. He can provide representation during hearings, presenting evidence and testimony supporting your petition. His goal is to help you receive the fresh start you deserve.

Frequently Asked Questions About Expungement and Sealing

Q

How Long Does the Expungement or Sealing Process Take?

Receiving approval for an expungement or record sealing will usually take around five to seven months. The Florida Department of Law Enforcement will usually require 60 to 90 days to process applications for certificates of eligibility. After receiving the required certificates, the court proceedings may take another two to four months depending on court schedules and objections by state's attorneys. Our lawyer will work to complete the process as quickly and efficiently as possible.

Q

Can I Expunge or Seal Criminal Records From Multiple Arrests?

No. Florida law only allows a person to receive one expungement/sealing in their lifetime. If you have multiple arrests, you will need to choose which record you want to clear. Our attorney can advise you on your best options while assisting with strategic planning to help ensure that your request for expungement or sealing will be granted.

Q

Will Employers Be Able to See a Criminal Record After it Is Sealed?

Most private employers cannot access sealed records through standard background checks. However, certain government agencies can access sealed records, including law enforcement agencies, the Department of Education, and the Department of Children and Families. Some professional licensing boards may also be able to access sealed records. For the vast majority of jobs, sealed records will not be accessible to employers.

Q

Do I Have to Disclose Expunged or Sealed Records on Job Applications?

For private employment, you generally do not have to disclose expunged records, and you can lawfully deny that the arrest occurred. Sealed records also generally do not need to be disclosed to private employers. However, applications for government positions, law enforcement, certain professional licenses, and positions working with vulnerable people may legally require disclosure of criminal records, even if they have been expunged or sealed. Our lawyer can help you understand your disclosure obligations.

Q

What Is the Difference Between a Withholding of Adjudication and a Conviction?

When adjudication is withheld, a court may impose a sentence without formally convicting a defendant. This distinction is crucial, because records in cases involving the withholding of adjudication may be eligible for sealing, while convictions generally cannot be sealed or expunged. Our attorney can provide guidance on how the outcome of a criminal case may affect the ability to seal or expunge criminal records in the future.

Q

Can I Expunge Records Related to an Arrest When Charges Were Dropped?

Yes. Expungement is available in situations where charges were dismissed, no charges were filed, or a defendant has been acquitted. However, a person is limited to one expungement during their lifetime. Our lawyer can provide guidance on whether it is a good idea to petition for an expungement of a dismissed charge.

Contact Our Miami Expungement Lawyer

After resolving a criminal case, you can take steps to clear your record and move forward with life. At Stroleny Law: Criminal Defense Attorney, we can provide the legal help needed to seal or expunge your criminal records. Contact our Miami, FL expungement and record sealing attorney at 305-615-1285 to arrange a free consultation. Call now to take the first step toward clearing your record and reclaiming your future.

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