sealing & EXPUNGING
SEALING AND EXPUNGING
Exercising the opportunity to seal or expunge your criminal record is an important one. By clearing your name, you can restore your reputation and be provided with better employment and residential prospects.
Sealing allows for a prior criminal record to be sealed under court order and inaccessible to the public.
Expungement, however, goes further by destroying the physical record altogether. Certain local, state and federal agencies may have access to a sealed record and under limited circumstances one may still be required to disclose an arrest. However, in most cases after sealing or expunging, it is legally permissible to not disclose a prior arrest record so long as no other cases exist. Qualifications To be eligible for sealing or expunging, a candidate must NOT:
1. Have previously obtained a sealing or expungement
2. Have been adjudicated guilty of any criminal offense
3. Have plead guilty or nolo contendre (no contest) to an offense deemed ineligible for sealing or expunging 4. Currently be under any supervision, such as probation, community control (house arrest) or pretrial release
Procedure (typically 9 to 12 months for completion):
1. Fingerprinting
2. Certified Copy of Disposition
3. Florida Department of Law Enforcement Application
4. State Attorney Approval
5. Florida Department of Law Enforcement Determination of Eligibility
6. Court Hearing
7. Petition Granted
Costs:
FDLE Fingerprints/Background Check
FDLE Certificate of Eligibility
Miami Clerk of Courts Filing Fee
Miami Clerk of Courts Certified Disposition
Attorney Fee: Determined on Case by Case Basis