In Florida, you can have your criminal record sealed or expunged if you qualify.
When a criminal history record is sealed, the public will not have access to it. Certain government entities have access to a sealed record in its entirety. These entities are listed in Florida Statute 943.059(4)(a).
When a record has been expunged, those same government units which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record".
These agencies are the following:
- A Criminal Justice Agency
- The Florida Bar
- The Department of Children and Family Services
- The Department of Juvenile Justice
- A contractor or licensee in a sensitive position having direct contact with children
- The Department of Education
- Any public or private school
- A local government agency that licenses child care facilities
You can legally tell an agency or a person that you have never been arrested if you get your case sealed or expunged and you have no other cases in the system. However, you must still disclose your arrest if you are seeking employment with one the agencies listed above.
Florida law allows you to seal or expunge your criminal record if you answer YES to the following six questions:
- You have never been adjudicated guilty of a felony, misdemeanor, criminal ordinance, or other criminal offense;
- You have never obtained a previous sealing or expungement of your criminal record;
- The criminal record you are trying to seal or expunge does not include a crime that falls under the "disqualifying offenses" unless that crime was dismissed.
- You have completed all the requirements of probation and probation was terminated. In other words, the court supervision is done.
- For sealing your record, your case was either dismissed, you were found not guilty at trial, or you were given a withhold of adjudication prior to trial or after being found guilty at trial.
- For expunging your record, your charges were dismissed prior to trial and you have no other cases.
You can only get one criminal case expunged or sealed but all charges under that case are eligible provided you were not sentenced for a disqualifying crime.
For disqualifying crimes it's important to understand that if they were dismissed you can still get your record expunged or sealed if meet the other requirements listed above. The key is whether you were sentenced for a disqualifying crime. If you were, you can't get a seal or expungement. If you were not, then you are eligible if you meet the other requirements listed above.
If you have a withhold of adjudication then you are eligible to have your record sealed only and not expunged.
Now that you've determined that you qualify or you think you qualify, the next step is to contact me to get the process started. You can also contact me so that I can determine if you qualify.
After you have hired me to get your record expunged or sealed, you have to get your fingerprints taken at a local police department. If you are in Miami-Dade County you can go to these locations to get it done:
Intracoastal District
15665 Biscayne Blvd.
(305) 940-9980
Northside District
2950 NW 83 St
(305) 836-8601
Northwest District
5975 Miami Lakes Dr. E
(305) 698-1500
Cutler Ridge District
10800 SW 211 St
(305) 378-4300
Midwest District
9101 NW 25 St
(305) 471-2800
Hammocks District
10000 SW 142 Ave
(305) 383-6800
Kendall District
7707 SW 117 Ave
(305) 279-6929
Police Operations Bureau
3465 NW 2 Ave
(305) 576-8853 ext 221
Fingerprinting is done in these locations Monday through Friday 8 AM to 5 PM. You must bring two forms of identification and $5.00. You can also call the phone number and make an appointment.
While you are getting your fingerprints done, I will go to the clerk's office and get a certified copy of the disposition of your case.
After I receive your fingerprint form I will fill out the application to FDLE. I mail the application along with the fingerprint form and certified copy of your case disposition and a check for $75.00 payable to FDLE.
If you are seeking an expungement, I take your FDLE application to the State Attorney's Office to get their signature prior to mailing it off. This is not a requirement for sealing your case only expunging it.
In about 60 days, if FDLE determines that you are eligible, they will mail a certificate of eligibility which I then attach to the Petition to Seal or Expunge your Record that I prepare and I file in court. I will also pay at this time the $37.50 court filing fee.
Once I file the Petition, the court will inform me of the hearing date and I will go to court on your behalf. I will inform you of the date so you may attend, but you do not have to attend if you don't want to or cannot make it.
Once the court grants your petition, I will get a certified copy of the court order and send it to FDLE and the arresting agency and they will then start the process of either expunging your record or sealing it. You will also get a copy of this court order for your files (I also give you copies of all the documents related to your case for your records).
I personally do everything in your case and I personally speak to you and meet with you (if you're in Miami) to discuss your case. So you are paying for an actual attorney to do all the work. Other law firms charge less than this but read their cost breakdown and you will see that they don't include everything I include and they also may not go to court for you. I will personally do all the work and go to court to make sure that the judge actually grants the petition to expunge or motion to seal.
The typical length of time to expunge or seal your case will be about four (4) to six (6) months but once you hire me I'll do all the work and I'll ensure that everything is done with the proper agency. I also will ensure that you are eligible to have your record sealed or expunged so as to not waste your time.
Please contact me today to discuss your eligibility to either expunge or seal your criminal record.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami record expungement or sealing attorney about your legal rights and responsibilities regarding your particular case.
