Record sealing and expungement can help limit public access to your criminal record, but eligibility is limited and the process is specific. In Miami-Dade County and throughout Florida, petitions are filed in the court that handled your case. Understanding the differences and requirements is important. A Miami criminal defense lawyer who handles expungement matters can evaluate your eligibility and guide you through the process.
Eligibility Requirements
Not all criminal records can be sealed or expunged. Generally, you're eligible only if you've never been convicted of a crime (sealing/expungement is for cases that were dismissed, dropped, or where you were found not guilty). If you were convicted, you're typically not eligible unless you received a withhold of adjudication and meet other specific requirements. Certain offenses, such as sex crimes and serious violent felonies, are never eligible. You also cannot have previously sealed or expunged a record in Florida or any other state. A Miami expungement lawyer can review your record and advise on whether you qualify.
Sealing vs. Expungement
Sealing means the record still exists but is not accessible to the general public—it's sealed from public view but may still be accessible to certain government agencies. Expungement means the record is physically destroyed or returned to you, and agencies are ordered to delete their records. Expungement is more complete but has stricter eligibility requirements. Both processes require filing a petition with the court (in Miami-Dade, typically the Circuit Court or County Court where your case was resolved), and the court has discretion to grant or deny the request even if you meet eligibility requirements.
Timeline and Process
You must wait a certain period after your case is closed before you can petition for sealing or expungement. The waiting period varies but is typically at least one year. The process involves filing a petition with the court, serving notice on relevant agencies (prosecutor, arresting agency, FDLE), and attending a hearing. The court will consider factors such as your criminal history, the nature of the offense, and your rehabilitation. The process can take several months, and there are filing fees and costs involved. Cases that ended in dismissal or acquittal may have different waiting periods than cases with a withhold of adjudication.
Background Check Impacts
If your record is sealed or expunged, it should not appear on most background checks conducted by private employers, landlords, or other non-governmental entities. However, sealed records may still be accessible to certain government agencies, law enforcement, and in some professional licensing contexts. Expunged records are more completely removed, but even expungement doesn't guarantee the record won't appear somewhere, as some agencies may not comply with expungement orders or may have already shared the information. Many people seek expungement after a DUI or other case is resolved to improve employment and housing prospects.
Limitations
Even if your record is sealed or expunged, you may still need to disclose the arrest or charges in certain contexts, such as government employment applications, professional licensing, or immigration proceedings. The law regarding what you must disclose varies by context. An attorney can advise you on your specific obligations.
Frequently Asked Questions
Who is eligible for expungement in Florida?
Eligibility depends on the outcome of your case (e.g., dismissal, no bill, acquittal) and whether you have prior convictions or previous sealing/expungement. Certain offenses are ineligible. An attorney can review your record and advise.
How long does the expungement process take in Miami-Dade?
The process involves filing a petition, serving agencies, and often a hearing. Timeline varies but can take several months from filing to final order.
Will an expungement remove my record from background checks?
Once sealed or expunged, the record should not appear on most private background checks. Some government and licensing contexts may still have access; an attorney can explain the limits.
Can I seal a DUI or drug conviction?
Convictions are generally not eligible for sealing or expungement unless you received a withhold of adjudication and meet other requirements. Dismissals and acquittals may be eligible.
If you're considering seeking record sealing or expungement in Miami-Dade or South Florida, consult with a Miami expungement lawyer who can evaluate your eligibility and guide you through the process. For more information, visit our FAQ page or contact our office for a Free Consultation.