Having a criminal record in Florida can create significant barriers to employment, housing, and professional licensing. According to recent data on expungement and sealing statistics, millions of Americans seek to clear their names to move forward with their lives. The process is not automatic, and it requires strict adherence to Florida statutes. This guide outlines the exact steps to apply for criminal record sealing in Miami-Dade County through the Law Offices of Adam K. Goodman. (Criminal Defense Attorney Miami)
Understanding Sealing vs. Expungement
Before you begin the application process, it is critical to understand the difference between sealing and expungement. Sealing is the process of hiding criminal records from the public. When your records are sealed, they are not destroyed, but they are removed from public view. Employers, landlords, and the general public cannot access them. However, certain government agencies, such as law enforcement and the Department of Children and Families, may still access sealed records. (Miami Appeals Attorney Appeals)
In contrast, expungement is the physical destruction of arrest records. While both processes offer significant privacy benefits, the eligibility criteria differ. For many individuals in Miami, sealing is the more accessible option, particularly if the case was dismissed or if you received a withhold of adjudication. Understanding this distinction is the first step in your legal journey.
Checking Your Eligibility
Not everyone in Florida is eligible to have their records sealed. The state has strict disqualifying offenses that prevent sealing regardless of the outcome of your case. To determine if you qualify, you must review your criminal history against Florida Statute 943.059.
Disqualifying Offenses
Florida law prohibits sealing for a wide range of serious offenses. If you have been convicted of, or found guilty of, or pleaded guilty or nolo contendere to any of the following, you are generally ineligible:
- Domestic violence offenses
- Sexual offenses
- Child abuse or neglect
- Human trafficking
- Offenses involving elder abuse
- Attempted or conspiracy to commit any of the above
Additionally, you cannot have previously received an order to seal or expunge another criminal history record. The law allows only one such order per individual in their lifetime. If you have already utilized this benefit, you cannot apply again. This is a permanent statutory limitation that cannot be waived by any court.
Case Outcome Requirements
Even if your offense is not disqualifying, the outcome of your case matters. You are eligible to apply if:
- The charges were dismissed by the State Attorney.
- You were found not guilty at trial.
- You received a withhold of adjudication, and the court did not specifically prohibit sealing.
If you were convicted of the crime, you generally cannot seal the record. However, there are limited exceptions for certain non-violent misdemeanors if you have no other criminal history. For most felony convictions, sealing is not an option, and you may need to explore post-conviction relief or pardon processes instead.
Obtaining the Court Order
The first procedural step is to obtain a formal order from the court that handled your case. You cannot simply file a petition without this document. The court must issue an order granting you permission to apply for sealing. This order confirms that you are eligible under the law and that the State Attorney has no objection, or that the court has overruled any objection.
To get this order, you typically need to file a motion in the court where your case was resolved. If your case was in Miami-Dade County, you will file with the 11th Judicial Circuit Court. The Law Offices of Adam K. Goodman can assist in drafting and filing this motion efficiently. As a former prosecutor, Adam Goodman understands how to navigate these procedural hurdles to secure the necessary order quickly.
Fingerprinting and Background Checks
Once you have the court order, you must undergo a comprehensive background check. This is a mandatory step in the application process. You must submit your fingerprints to the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI).
FDLE and FBI Checks
The FDLE will conduct a state-level criminal history check. Simultaneously, the FBI will conduct a federal background check. These agencies will verify that you do not have any disqualifying offenses that were not previously known to the court. The process ensures that the sealing is appropriate and that public safety is not compromised.
You can get your fingerprints taken at various locations in Miami, including local police departments, private fingerprinting services, or through the Law Offices of Adam K. Goodman. It is crucial to use a service that provides certified fingerprints to FDLE. Informal prints may be rejected, causing delays in your application.
Costs and Processing Time
There are fees associated with the fingerprinting and background checks. FDLE charges a fee for the state check, and the FBI charges a fee for the federal check. These fees are non-refundable, even if your application is denied. Processing times can vary, but typically, you will receive the results within a few weeks. During this time, you should prepare your petition and supporting documents.
Filing the Petition
After receiving the results of your background check, you must file a petition with the court. The petition is a formal legal document that requests the court to seal your criminal records. It must include specific information, such as:
- Your full name and date of birth.
- The case number and the court where the case was resolved.
- A detailed description of the offense and the outcome.
- A statement confirming that you are eligible under Florida law.
- A request for the court to seal the records.
You must also file a copy of the court order granting you permission to apply, along with the results of your FDLE and FBI background checks. The petition must be filed in the court where the case was originally handled. In Miami-Dade County, this is the 11th Judicial Circuit Court.
Serving the State Attorney
After filing the petition, you must serve a copy to the State Attorney's office. The State Attorney has the right to object to your petition. If they object, they must provide a written statement explaining why they believe you are ineligible. Common reasons for objection include the discovery of a disqualifying offense or a violation of the waiting period requirements.
If the State Attorney does not object, the court may grant your petition without a hearing. However, if there is an objection, the court will schedule a hearing to determine your eligibility. This is where experienced legal representation is invaluable. An attorney can argue against the objection and present evidence of your eligibility.
The Waiting Period and Finalization
Florida law imposes a waiting period before you can apply for sealing. You must wait at least 10 calendar days from the date of the court order granting you permission to apply. However, there is no maximum waiting period, so you can apply as soon as you have the necessary documents.
Final Court Order
If the court grants your petition, it will issue a final order sealing your criminal records. This order directs all agencies that hold your records to seal them. This includes the Florida Department of Law Enforcement, the FBI, local law enforcement agencies, and any other entity that has your criminal history.
Once the records are sealed, you can legally state that you have not been arrested or convicted for the offense in most employment and housing applications. This is a powerful tool for rebuilding your life. However, it is important to note that sealed records are not completely invisible. They can still be accessed by law enforcement and certain government agencies for specific purposes.
Impact on Employment and Housing
Sealing your records can significantly improve your chances of getting a job or renting an apartment. Many employers conduct background checks, and a sealed record will not appear on a standard background check. This allows you to compete for jobs on a level playing field. Similarly, landlords often require background checks, and a sealed record can help you secure housing.
For more information on how sealing can impact your future, you can read our guide on Sealing and Expunging Criminal Records in Miami. We provide detailed insights into the long-term benefits of clearing your record.
Key Takeaways
- Sealing hides your criminal record from the public, while expungement destroys it.
- You must obtain a court order before you can apply for sealing in Miami.
- Disqualifying offenses include domestic violence, sexual offenses, and child abuse.
- Fingerprinting through FDLE and the FBI is a mandatory step in the process.
- The State Attorney can object to your petition, requiring a court hearing.
- Once sealed, you can legally deny the arrest in most employment contexts.
- The Law Offices of Adam K. Goodman offers specialized assistance for this process.
Frequently Asked Questions
How long does it take to seal a criminal record in Miami?
The process typically takes several months from start to finish. This includes the time to obtain the court order, complete fingerprinting, and wait for the background check results. Once the petition is filed, the court may take additional time to review it. Working with an experienced attorney can help expedite the process.
Can I seal a felony conviction in Florida?
In most cases, no. Florida law generally prohibits the sealing of felony convictions. You can only seal records if the charges were dismissed, you were found not guilty, or you received a withhold of adjudication. If you were convicted of a felony, you may need to explore other options, such as a pardon or restoration of civil rights.
What is the difference between sealing and expungement?
Sealing hides your records from public view, while expungement physically destroys them. Expungement is generally more restrictive and applies only to specific cases, such as arrests where no charges were filed or cases that were dismissed. Sealing is available for a broader range of cases, including those with a withhold of adjudication.
How much does it cost to seal a criminal record?
The costs include court filing fees, fingerprinting fees, and background check fees. Court filing fees vary by county but are typically around $150 to $200. Fingerprinting and background check fees are set by FDLE and the FBI. Legal fees for an attorney to assist with the process will also apply. The Law Offices of Adam K. Goodman provides transparent pricing for these services.
Can I seal my record if I have a prior sealing?
No. Florida law allows only one order to seal or expunge a criminal history record per individual. If you have previously received an order to seal or expunge, you are permanently ineligible for another order. This is a strict statutory limitation.
Who can access my sealed records?
Sealed records are not accessible to the general public, employers, or landlords. However, they can still be accessed by law enforcement agencies, the Department of Children and Families, and certain licensing boards. These agencies may use the information for specific purposes, such as background checks for sensitive positions.
Take Control of Your Future Today
Navigating the complexities of Florida's sealing laws requires precision and expertise. The Law Offices of Adam K. Goodman is dedicated to helping clients in Miami and Broward County clear their records and move forward. As a former prosecutor, Adam Goodman brings a unique perspective to criminal defense, ensuring that your rights are protected throughout the process.
Do not let your past define your future. Contact us today to schedule a consultation and learn how we can help you apply for criminal record sealing. Visit our Contact Us page to get started.