Expungement & Record Sealing in Florida: Clearing Your Criminal Record

Many Floridians are unaware of their rights to expunge or seal past convictions. This article covers the eligibility requirements for record sealing, the benefits of clearing a criminal record, and how Francisco Marty helps clients restore their reputation and legal standing in Miami.

Understanding Expungement and Record Sealing

A criminal record can have long-lasting effects on a person’s employment opportunities, housing applications, professional licensing, and overall reputation. Fortunately, Florida law allows individuals to seal or expunge certain criminal records, giving them a fresh start.

• Expungement means that the record is completely removed from public access and law enforcement databases.
• Record sealing means that the record is hidden from the general public, but can still be accessed by certain government agencies.

Who Qualifies for Expungement or Record Sealing in Florida?

Not all crimes are eligible for expungement or sealing. Eligibility depends on several factors, including the type of offense and the outcome of the case.

✅ Eligible Cases for Expungement or Sealing:

• Arrests that did not result in a conviction.
• Cases that were dismissed or nolle prosequi (not prosecuted).
• Cases where the defendant was found not guilty.
• Certain non-violent misdemeanor and felony offenses (depending on the circumstances).

🚫 Ineligible Cases for Expungement or Sealing:

• Convictions for violent felonies, sexual offenses, and DUI convictions.
• Cases involving child abuse, human trafficking, or homicide.
• Multiple expungements (Florida law only allows one expungement per lifetime in most cases).

Benefits of Expunging or Sealing a Criminal Record

Expungement or sealing a record can greatly improve a person’s personal and professional life by:

• Restoring employment opportunities – Many employers conduct background checks; expungement ensures a clean record.
• Improving housing and rental applications – Landlords often deny applicants with a criminal record.
• Enhancing education and financial aid eligibility – Some colleges and scholarship programs reject students with criminal records.
• Regaining civil rights – Expungement can restore certain rights, including firearm ownership in some cases.
• Protecting personal privacy – Prevents past mistakes from being used against an individual in future opportunities.

The Expungement & Record Sealing Process in Florida

Expunging or sealing a record is a legal process that requires court approval. Francisco Marty helps clients navigate this complex process by ensuring all eligibility requirements are met and filing the appropriate legal motions.

Steps in the Expungement Process:

1. Determine Eligibility – The first step is to assess whether the case qualifies under Florida law.
2. Apply for a Certificate of Eligibility – This involves submitting paperwork to the Florida Department of Law Enforcement (FDLE).
3. File a Petition with the Court – Once the certificate is approved, a formal petition is submitted to the court.
4. Attend a Court Hearing (if required) – In some cases, a judge will review the petition and may request a hearing.
5. Court Approval & Record Removal – If granted, the record will be sealed or expunged, removing it from public access.

How Francisco Marty Helps Clients with Expungement

Navigating the expungement process requires legal expertise. Francisco Marty provides:

• Personalized case evaluations to determine the best legal strategy.
• Assistance in obtaining and submitting necessary legal documents.
• Representation in court hearings, ensuring the best possible outcome.
• Guidance on restoring rights and future opportunities.

Common Myths About Expungement in Florida

❌ Myth: Expunged Records Are Completely Erased from Existence. ✔️ Fact: While expunged records are removed from public view, certain government agencies may still access them.

❌ Myth: A Criminal Record Will Automatically Disappear Over Time. ✔️ Fact: Criminal records remain unless officially expunged or sealed through the legal system.

❌ Myth: Any Crime Can Be Expunged. ✔️ Fact: Only specific crimes and cases qualify for expungement under Florida law.

Final Thoughts: Take Control of Your Future

Expunging or sealing a criminal record can open doors to new opportunities and a fresh start. However, the process can be complex and requires legal knowledge and strategic planning.

Francisco Marty is committed to helping clients clear their records, restore their reputation, and move forward with confidence. If you believe you may be eligible for expungement or record sealing in Florida, contact Francisco Marty today to discuss your options and take the next step toward a better future.