Can I Seal or Expunge a Criminal Record in Miami?
If you have a criminal record in Miami, it may follow you through every job application, housing inquiry, and background check for the rest of your life. The good news is that Florida law provides a legal path to seal or expunge certain criminal records, giving eligible individuals a genuine fresh start. Understanding the difference between sealing and expungement, who qualifies, and what steps are involved is essential before you begin. This guide breaks down the entire process under Florida Statutes 943.059 and 943.0585 so you can determine whether your record is eligible and what to do next.
Sealing vs. Expungement: What Is the Difference?
Sealing and expungement are related but legally distinct forms of relief. Sealing is a court-ordered process that hides a criminal history record from the general public but keeps it accessible to certain government agencies and law enforcement. Expungement is a process that permits public records to be destroyed and the incident treated as if it never happened.
Under Florida law, records are typically sealed first. After 10 years have passed since the sealing order, the individual may petition to have the record expunged. However, if your case was dismissed outright or no charges were ever filed, you may be eligible to petition for expungement directly without first sealing the record.
Who Is Eligible to Seal or Expunge a Record in Florida?
Not everyone qualifies. Florida Statutes 943.059 and 943.0585 set forth strict eligibility criteria. To be eligible you generally must meet all of the following conditions:
- You have never been adjudicated guilty of a criminal offense in Florida.
- You were not adjudicated guilty of the charges connected to the arrest you wish to seal or expunge.
- You have never previously had a Florida record sealed or expunged.
- You have no other pending petition to seal or expunge.
- If you were placed on probation, it must be completed and court supervision terminated.
- The offense is not on Florida's list of disqualifying charges.
Florida law permits only one court-ordered sealing or expungement per lifetime. If you have multiple arrests, only one record may be sealed or expunged unless the additional arrests directly relate to the same criminal episode.
Disqualifying Offenses You Should Know About
Certain offenses cannot be sealed or expunged regardless of the outcome of your case. These include, but are not limited to:
- Domestic violence battery (even with adjudication withheld)
- Sexual offenses and crimes against children
- Arson and kidnapping
- Homicide and manslaughter
- Robbery and carjacking
- Stalking and aggravated stalking
Because domestic violence charges are a common disqualifier, it is especially important to fight those allegations aggressively at the trial level. An experienced Miami criminal defense attorney can help you understand whether your specific charge falls on this list.
Step-by-Step Process for Sealing or Expunging a Record
Step 1: Apply for a Certificate of Eligibility
The first step is submitting an application to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. You will need to provide fingerprints, a certified court disposition, and a $75 processing fee. FDLE will conduct state and national background checks before making a decision.
Step 2: Petition the Court
Once FDLE issues a Certificate of Eligibility, your attorney will file a petition with the court in the jurisdiction where the arrest occurred. The petition must include a sworn statement affirming your eligibility. Providing false information on this statement is a third-degree felony in Florida.
Step 3: Court Hearing and Order
A judge will review the petition. The granting of a sealing or expungement petition is at the sole discretion of the court, even if the applicant meets all statutory requirements. Having an attorney present your case effectively can make a meaningful difference in the outcome.
Sealing vs. Expungement Comparison Table
| Factor | Sealing | Expungement |
|---|---|---|
| Public visibility | Hidden from general public | Physically destroyed; treated as if it never occurred |
| Law enforcement access | Yes, still accessible | Only by court order |
| Typical eligibility | Adjudication withheld or charges dismissed | Charges dismissed, or record sealed for 10+ years |
| Disclosure requirement | Generally no, with statutory exceptions | Generally no, with statutory exceptions |
| Lifetime limit | One per lifetime | One per lifetime |
| Governing statute | Florida Statute 943.059 | Florida Statute 943.0585 |
Benefits of Clearing Your Criminal Record
A sealed or expunged record can transform your future. You will generally no longer need to disclose the arrest on most job applications, housing applications, or professional licensing forms. This protection applies in nearly all scenarios except specific ones listed by statute, such as applying for law enforcement positions or a concealed carry license.
Clearing your record can also improve your ability to pursue higher education, qualify for certain government benefits, and restore your personal reputation. For many people in Miami-Dade and Broward County, this relief is life-changing.
Why You Need a Miami Criminal Defense Attorney
While Florida law does not require an attorney for sealing or expungement, the process involves strict statutory requirements, sworn statements, and judicial discretion. Errors in the application or petition can result in denial or significant delays.
Attorney Adam K. Goodman is a former Miami-Dade prosecutor and former Chief of Litigation for the Misdemeanor Domestic Violence Unit. That prosecutorial background provides unique insight into how cases are built and where weaknesses exist in the State's evidence. The Law Office of Adam K. Goodman handles sealing and expungement cases throughout Miami-Dade, Broward County, and South Florida.
If your case involved charges that were ultimately dismissed, or if adjudication was withheld, an attorney can evaluate whether you qualify and guide you through every step. For individuals with prior convictions who may need post-conviction relief before pursuing expungement, having experienced counsel is even more critical.
Key Takeaways
- Sealing hides your record from public view; expungement results in its physical destruction.
- Florida allows only one court-ordered sealing or expungement per lifetime under Sections 943.059 and 943.0585.
- You must first obtain a Certificate of Eligibility from FDLE before petitioning the court.
- Convictions (adjudications of guilt) generally disqualify you from sealing or expungement.
- Certain offenses, including domestic violence battery, are permanently disqualifying.
- Successfully sealed or expunged records generally do not need to be disclosed on job or housing applications.
- An experienced Miami criminal defense attorney can help you navigate the process and present a strong petition to the court.
Frequently Asked Questions
What is the difference between sealing and expunging a criminal record in Florida?
Sealing restricts public access to a criminal record but keeps it available to certain agencies. Expungement results in the physical destruction of the record. A sealed record can be expunged after 10 years, or records from dismissed cases may be eligible for direct expungement.
Can I seal or expunge a conviction in Florida?
Generally, no. Florida law requires that you have never been adjudicated guilty of a criminal offense to qualify. If adjudication was withheld, you may still be eligible to seal the record, depending on the charge.
How long does the sealing or expungement process take?
The FDLE Certificate of Eligibility process typically takes several weeks to a few months. After receiving the certificate, the court petition and hearing add additional time. The total process often takes three to six months or longer.
How much does it cost to seal or expunge a record in Miami?
FDLE charges a $75 application fee for the Certificate of Eligibility. Additional costs include court filing fees, fingerprinting fees, and attorney fees. Total costs vary depending on the complexity of the case.
Will a sealed record show up on a background check?
A properly sealed record should not appear on standard background checks. However, certain government agencies and law enforcement can still access sealed records. Expunged records are not available to anyone absent a court order.
Can I seal more than one arrest in Florida?
Florida generally limits you to one sealing or expungement per lifetime. However, if multiple arrests stem from the same criminal episode, a court may, at its discretion, seal records from those related arrests under a single order.
Is domestic violence eligible for sealing or expungement?
No. Domestic violence battery is a disqualifying offense under Florida law. Even if adjudication was withheld, a domestic violence battery charge cannot be sealed or expunged.
Do I need a lawyer to seal or expunge my record?
There is no legal requirement to hire an attorney. However, the process involves sworn legal documents, strict statutory criteria, and judicial discretion. Working with a knowledgeable criminal defense attorney significantly increases the likelihood of a successful outcome.
Get Started Today
If you are ready to explore whether your criminal record can be sealed or expunged in Miami, contact the Law Office of Adam K. Goodman for a free consultation. Call (305) 482-3265 or visit the firm's sealing and expungement page to learn more about your options. Your past does not have to define your future.