Sealing/Expunging a Criminal Record in Miami

Being arrested or charged with a crime in Florida means that you will have a criminal record, which can make it difficult to find a job or a place to live. Moreover, your reputation will be damaged regardless of whether you are convicted. Under limited circumstances, you might be able to hire a criminal defense attorney for sealing and/or expunging your criminal record. However, it is important to make sure that you qualify.

Valiente Law, a premier criminal defense practice located in Miami, assists clients with sealing and expunging criminal records in South Florida. As a former public defender, founding attorney Antonio Valiente understands the lasting repercussions a criminal record can have on your future. Having a criminal record available for public scrutiny especially to prospective employers, may limit your employment options. When you work with our expungement attorneys, you will have peace of mind knowing that you have a chance to make a fresh start.

Sealing and Expunction in Florida

Section 943.059 governs ordinary court-ordered sealing, and section 943.0585 governs ordinary court-ordered expunction. Sealed records are retained with restricted access. Expunction generally requires destruction by criminal-justice agencies, with statutory exceptions including FDLE’s retained confidential record. These remedies have different eligibility and disclosure rules.

Eligibility Is Case-Specific

The disposition, disqualifying offenses under section 943.0584, prior adjudications, prior record relief, and completion of applicable supervision all matter. A withhold is not itself a sealing order, and a dismissal does not automatically remove all public records. Ordinary sealing and expunction generally require an FDLE certificate of eligibility followed by a court petition; the certificate does not guarantee that the court will grant relief.

For expunction, whether charges were filed, dismissed, or resulted in an acquittal or plea can change the route and any prior-sealing requirement. Special statutory procedures may apply to particular records. Do not rely on a short offense list or assume that every person with a withhold qualifies. We review the complete history and current law before recommending a petition.

Disclosure and Background Checks

Sealing or expunction can limit public access, but it does not promise that every trace will disappear from every background check. Previously distributed private records may require separate correction requests. The statutes permit retained records, specified official access, and exceptions to the ability to deny or omit the covered arrest.

Exceptions can apply to criminal proceedings, criminal-justice employment, Bar admission, certain licensing and care-provider or education screening, firearms matters, and other circumstances listed in the applicable statute. The sealing and expunction exceptions are not identical. Immigration and federal requirements may differ from Florida disclosure rules. Review the exact application question and governing law with counsel before answering; do not treat either remedy as permission to say that no criminal event ever occurred.

Call Our Florida Expunging A Record Attorney

We all make mistakes, but having an arrest record can haunt you for the rest of your life. If you are hoping to wipe the slate clean and make a fresh start, call Valiente Law. We will take the time to review your case, determine whether or not you are eligible for a criminal record sealing or expunction, and guide you through the process with the FDLE.
Processing time varies with FDLE review, court requirements, and the records involved. Please contact our office today for a free evaluation of your case.