FAQ: Criminal Record Consequences in Miami

Having a criminal record can lead to many collateral consequences that can negatively impact a person’s life long after their sentence is completed. This article will cover some frequently asked questions about the consequences of having a criminal record in Miami and provide information on sealing and expunging records.

What are some of the consequences of having a criminal record in Miami?

There are many potential consequences of having a criminal conviction in Miami, including:

• Difficulty finding employment – Many employers conduct background checks and are hesitant to hire individuals with criminal records. Certain fields, like healthcare, education, finance, etc. may be difficult or impossible to work in.
• Loss of professional licenses – Many professions require licenses/certifications that can be revoked with a criminal conviction, even if unrelated to the profession. This includes law, real estate, medicine, nursing, teaching, etc.
• Loss of public housing – Those with drug convictions face a lifetime ban on public housing assistance. Other crimes may also result in denial.
• Loss of student loans/grants – Those with drug convictions may be denied federal student aid, and other convictions can also result in loss of aid.
• Difficulty obtaining private housing – Landlords often conduct background checks and may deny applicants with criminal records.
• Loss of voting rights – Those convicted of felonies in Florida lose the right to vote while incarcerated and on probation. Voting rights can be restored after completion of sentence.
• Loss of right to possess firearms – Those convicted of felonies lose the right to own firearms in Florida. Rights can potentially be restored.
• Deportation – Non-citizens convicted of certain crimes face deportation, even if they’ve lived in the U.S. for years.
• Loss of custody rights – Criminal convictions, especially for domestic violence, can result in loss of child custody/visitation rights.
• Civil lawsuits – Victims may file civil lawsuits for damages, in addition to criminal charges.
• Fees and costs – Those convicted often have to pay fines, fees, restitution, probation costs, etc. which can be financially burdensome.
• Stigma – There is societal stigma around having a criminal record which can impact all areas of life.

How can I get a job in Miami with a criminal record?

Getting a job with a criminal record in Miami can be challenging, but there are strategies to improve your chances:

• Be upfront and honest if asked about your record, but don’t volunteer information unprompted.
• Tailor your resume and highlight transferable skills gained from past jobs or experiences.
• Focus your job search on companies that consider applicants case-by-case. Look for “background friendly” employers.
• Explore career paths focused on second chance employment. Trucking, food service, construction, and manual labor are options.
• Consider obtaining an occupational license for fields like cosmetology, real estate, or HVAC technician which may not require background checks.
• Seek out temporary agencies that may be less strict on criminal records for entry-level positions.
• Apply for jobs where background checks focus only on directly related convictions. Your record may not matter for many positions.
• If needed, demonstrate rehabilitation efforts, like education, training certificates, volunteer work, etc.
• Explore the possibility of getting your record sealed or expunged if eligible. This can open up more opportunities.

Can I get my record sealed or expunged in Florida?

Florida does allow record sealing and expungement in certain circumstances:

Sealing removes records from general review/availability but does not destroy them. Sealing may be possible for charges that were dropped/dismissed, arrests without conviction, convictions for first-time misdemeanors, and/or first-time non-violent third degree felonies. Time periods before eligibility often apply.

Expungement physically destroys and erases the criminal record. In Florida, expungement is primarily limited to charges that were dropped/dismissed. First-time misdemeanors and/or first-time third degree felonies may potentially be expunged as well in some cases.

Eligibility ultimately depends on the specifics of each individual case, so speaking with an attorney is highly recommended to fully understand options. The process can be complex, with required petitions, hearings, etc. but can be worthwhile to avoid lifelong consequences.

What happens if I get my record sealed in Florida?

If your record is sealed in Florida:

• Your criminal history record is confidential and exempt from public disclosure. It can only be accessed under very limited circumstances.
• You can legally deny or fail to acknowledge arrests covered by the sealed record, with few exceptions.
• Most private entities cannot ask about or consider sealed arrests/convictions in decisions about housing, loans, education, and employment. Some exceptions apply.
• You still must disclose sealed felony information on applications for certain jobs, licenses, firearm purchases, and volunteer work with vulnerable individuals.
• Sealed records remain available to criminal justice agencies for limited purposes, and prosecutors/law enforcement can access sealed records to determine eligibility for diversion programs.
• Overall, sealing limits access to criminal history records and minimizes the impact past arrests and convictions can have on many areas of life.

What happens if I get my record expunged in Florida?

If your record is expunged in Florida:

• Records are physically destroyed or erased in most cases. They do not exist for any practical purposes.
• You can legally deny any arrests or convictions that are expunged. They are treated as if they never occurred.
• Expunged records are unavailable for nearly any purpose, even to law enforcement. Only a very few agencies/officials can access expunged records in extremely limited situations.
• Most private and governmental entities cannot ask about or consider expunged arrests/convictions for any reason.
• Firearm rights can be restored if expungement is obtained for disqualifying offenses.
• Overall, expungement allows a truly fresh start in most cases, with past arrests and convictions essentially wiped from existence.

Are there any consequences of a criminal record that cannot be avoided through sealing/expungement?

While sealing… and expungement can minimize or eliminate many consequences of a criminal record, there are some that cannot be completely avoided:

• Arrest records and mugshots often remain publicly available through private databases even after sealing/expungement. Trying to get them removed can be difficult.
• Sealed/expunged offenses may still have to be disclosed on some applications, like for the bar exam, security clearances, adoption, etc.
• For certain sensitive jobs, like law enforcement, any criminal history often disqualifies candidates regardless of sealing/expungement.
• Sealed/expunged offenses can still be considered for setting bail/bond if re-arrested. They may also influence sentencing if convicted of a new offense.
• Immigration decisions may still be impacted by sealed/expunged crimes involving moral turpitude or controlled substances.
• Expunged DUIs can still be used to enhance penalties for subsequent DUIs within 5 years of expungement.
• Sealed/expunged records remain available to the FBI for their databases. They may appear in FBI background checks.
• Law enforcement databases still retain sealed/expunged records. Charges may appear during a traffic stop.
• Judges have discretion to consider sealed records in some family law cases involving custody/visitation.

While sealing and expungement are invaluable tools to mitigate consequences, they do not erase records completely in all cases. Consulting an attorney is important to understand exactly what can and cannot be avoided through these processes.

What options exist if I am ineligible for record sealing or expungement?

If you are ineligible for formal record sealing or expungement, there may still be options to limit the impact of a criminal record:

• File a petition for a certificate of eligibility to restore civil rights lost due to conviction.
• Request criminal history records be corrected if they contain major errors/inaccuracies.
• Apply for executive clemency if eligible based on offense, time elapsed, and other factors.
• Negotiate with private background check companies to remove outdated or invalid information from reports.
• Provide evidence of rehabilitation to employers/landlords to overcome stigma of convictions.
• Obtain professional licenses if able to demonstrate sufficient rehabilitation to licensing boards.
• Seek a pardon or other relief based on innocence if wrongfully convicted.
• Consult local legal aid organizations for assistance restoring rights or correcting records.
• Consider relocating to a state with laws more favorable to record-sealing for certain offenses.
• If a juvenile, work to get records destroyed once legally become an adult in some states.

While these strategies may not be as effective as formal sealing/expungement, they can still help reduce negative effects in many cases. An attorney well-versed in this field would be able to provide guidance on all options.