FAQ: Expungement in Miami
Getting your criminal record sealed or expunged in Miami can be confusing. This article answers some frequently asked questions to help make the process easier to understand.
What is expungement?
Expungement is the process of sealing criminal records from public view and, in some cases, physically destroying or deleting the records. When a record is expunged in Florida, all information about the criminal case is removed from official state databases so it no longer appears in background checks. An expunged case is treated as if it never occurred, with some exceptions (more on that later).
What is the difference between sealing and expungement?
Sealing simply limits public access to a criminal record while expungement erases it entirely. A sealed record still exists in official databases but can only be viewed by certain agencies like law enforcement. The general public and most employers won’t see a sealed record. An expunged record is deleted from these databases (with exceptions) as if the arrest or conviction never happened.
What types of crimes can be sealed or expunged in Florida?
In Florida, only charges that were dropped or dismissed, or where adjudication was withheld, are eligible for expungement or sealing. You can’t expunge a conviction after trial. Some charges like sexual offenses and firearm offenses can’t be expunged at all. Others, like DUIs, have a waiting period before they can be sealed or expunged. It’s complicated so check with a lawyer to see if your specific charges qualify.
How do I get something expunged or sealed in Miami?
The process involves submitting an application to the Florida Department of Law Enforcement (FDLE), getting certified records, submitting fingerprints, and filing a petition with the court. Here are the basic steps:
- Get an application from FDLE and fill it out
- Obtain certified copies of all relevant court records
- Get fingerprinted
- Mail the application, fingerprints, court records, and fee to FDLE (they’ll check your eligibility)
- If approved, FDLE will send you a Certificate of Eligibility
- File a petition with the court to order sealing or expungement
- If granted by the judge, agencies will seal or expunge your records
There may also be a hearing. Overall it takes 2-6 months and can be complicated, so hiring an expungement lawyer is highly recommended.
Does expungement completely clear my record?
No, expungement does not completely erase your record. Even after expungement, your record may still show up in some circumstances. For example, expunged records can be seen by law enforcement agencies, certain employers like schools, firearms background checks, and if you’re seeking a pardon. You also must disclose expunged records if applying to the Florida Bar. An expunged record can also be re-opened if you commit another crime later.
Can I get multiple things expunged?
Unfortunately, Florida law only allows the expungement or sealing of one criminal case total in your lifetime. The only exception is if you have multiple related charges from a single arrest. For example, if arrested for theft and drug possession, both could be expunged together. But you can’t expunge a theft charge and then later expunge an assault charge. You only get one shot at expungement.
How much does expungement cost in Miami?
The total costs for expungement in Miami are typically $500-$1,500. This includes the state fees, fingerprinting, certified records, legal fees if hiring a lawyer, and court costs. The exact cost depends on your specific situation. Many lawyers offer flat-rate expungement services to keep costs down.
Should I hire a lawyer to get something expunged?
Yes, hiring an expungement lawyer is highly recommended. The process is complicated with lots of paperwork, strict deadlines, specific procedures, and no room for errors. One mistake could ruin your chances. An experienced lawyer knows the complex process, laws, and can correctly file all required documents. Well worth the cost for peace of mind and best results.
How long does the expungement process take in Miami?
From start to finish, expect the entire expungement process to take 2-6 months in Miami. The waiting period is usually because of the FDLE background check, which takes 60-90 days. Then the court must review the petition and schedule a hearing, which takes another few weeks typically. So be patient, but the wait is worth it in the end.
Can I expunge a record from another state?
No, Florida’s expungement process only applies to criminal records that originated in Florida. For records from other states, you would need to petition that state’s courts to seal or expunge according to their laws. An attorney licensed in that state could help with out-of-state expungement.
What happens if my expungement is denied?
If your petition for expungement is denied by the Florida court, don’t panic. Find out exactly why it was denied – often it’s fixable. Mistakes on the application or missing documents are common reasons. You may be able to reapply or file again. If denied due to ineligibility, you may still be able to seal the record even if expungement isn’t possible. Consulting a lawyer can help determine the best options if denied.
Will a sealed or expunged record show up on a background check?
No, a properly sealed or expunged criminal record in Florida will not show up on most commercial background checks in the state. Of course, there are exceptions like law enforcement checks. But for employment, housing, etc. the sealed or expunged record is hidden and should not appear.
Can I travel internationally if I have an expunged record?
Having an expunged criminal record in Florida does not necessarily prevent international travel. However, other countries may deny you entry if they find out about the record. The United States does share some criminal records with allied countries. So while unlikely to cause problems, it’s not guaranteed. Consult an attorney if concerned.
I have my Certificate of Eligibility from FDLE. What now?
The Certificate of Eligibility from FDLE means you’ve passed the background check and they’ve verified your eligibility to expunge or seal your record. But it’s not the final step. Next, you must file a petition in court and get a judge’s order before your record is officially expunged. The court petition process involves:
- Drafting and filing the petition – This legal document formally requests expungement and explains why you qualify. It must follow specific formatting rules.
- Serving notice – The State Attorney’s office must be notified and given a copy of the petition.
- Attending a hearing – If required, you’ll have to appear in court and explain why expungement should be granted.
- Receiving the order – The judge reviews your case and evidence and issues a final order to expunge your record.
- Sending the order – Copies must be sent to the appropriate agencies to execute the expungement.
This court process can take several more weeks or months. It’s critical to follow proper procedures. A lawyer can handle drafting the petition, appearing at court hearings, and ensuring the right steps are taken. While waiting for the court order, be patient and do not try to apply for jobs or licenses requiring background checks. Once the record is officially expunged, you can then freely apply without the record holding you back.