How to Get Your Criminal Record Expunged in Miami

A criminal record can negatively impact your job opportunities, housing applications, educational prospects, and even your ability to get loans. Fortunately, Florida law allows certain individuals to seal or expunge their records, helping them move forward with a clean slate.

At Francisco Marty Law, we help Miami residents clear their criminal records and regain their rights. In this guide, we’ll explain the expungement and record sealing process in Florida, who qualifies, and how you can apply.

What is Expungement vs. Record Sealing? 🔏📜

📌 Expungement:
✅ The record is completely erased from public records.
✅ Law enforcement agencies can still access it, but most employers, landlords, and the general public cannot.
✅ You legally do not have to disclose an expunged record.

📌 Record Sealing:
✅ The record is hidden from public view but not erased.
✅ Certain government agencies may still access the record.
✅ It can still improve job and housing opportunities.

🚨 Both options help prevent background checks from revealing your past arrest or charges.

Who Qualifies for Expungement or Record Sealing in Florida? ⚖️📝

Not every case is eligible for expungement or sealing. Florida law only allows one criminal offense to be expunged or sealed in a lifetime (with a few exceptions).

✅ You may qualify if:
✔️ Your case was dismissed, dropped, or resulted in a “not guilty” verdict.
✔️ You completed a pretrial diversion program.
✔️ You were arrested but not convicted of the crime.

🚫 You do NOT qualify if:
❌ You were convicted of a felony or certain serious misdemeanors.
❌ You have multiple convictions on your record.
❌ Your charge was for a violent crime, sex offense, or DUI.

📌 An experienced attorney can help determine if your case qualifies for expungement or sealing.

What Types of Crimes Can Be Expunged? 📂✔️

The following charges may qualify for expungement or sealing if you were not convicted:

🔹 Misdemeanor offenses (theft, trespassing, disorderly conduct).
🔹 Drug possession charges (if charges were dropped or dismissed).
🔹 Juvenile offenses (certain non-violent crimes).
🔹 Fraud, forgery, and other financial crimes (depending on circumstances).

📌 Each case is different, so it’s essential to consult a criminal defense lawyer to explore your options.

Steps to Get Your Criminal Record Expunged in Miami 🔎⚖️

If you meet the qualifications, you can begin the expungement or record sealing process.

📌 Step 1: Obtain Your Criminal Record

• Request a copy of your Florida Department of Law Enforcement (FDLE) background check.
• Check if your charge qualifies for expungement or sealing.

📌 Step 2: File for a Certificate of Eligibility

• Submit an application to FDLE with fingerprints and necessary documents.
• Pay a processing fee (currently $75).

📌 Step 3: Petition the Court

• Once approved, file a formal petition for expungement in the Miami-Dade County court.
• A judge will review the request and decide whether to grant or deny the petition.

📌 Step 4: Court Hearing (If Required)

• In some cases, a hearing may be scheduled. Your lawyer will argue why the record should be expunged or sealed.
• If approved, the court will order all agencies to remove or restrict access to your record.

🚨 An attorney can handle the entire process for you, ensuring there are no errors or delays!

How Long Does Expungement Take in Florida? ⏳📅

The entire expungement process in Florida can take anywhere from 6 to 12 months. The timeline depends on:

🔹 FDLE background check processing time.
🔹 Court backlog and hearing schedules.
🔹 Errors in paperwork that may delay the process.

📌 Hiring a lawyer can speed up the process and increase the chances of approval.

Why Hire a Criminal Defense Attorney for Expungement? ⚖️✅

Although the process may seem straightforward, one mistake in the application can result in delays or a denial.

✅ Legal Expertise: A lawyer ensures all paperwork is correct and meets Florida’s legal requirements.
✅ Faster Processing: Attorneys know the system and can speed up the process.
✅ Better Chances of Approval: Judges are more likely to approve petitions when properly filed with legal arguments.

📌 A criminal record doesn’t have to follow you forever—get legal help today!

Final Thoughts: Clear Your Record & Protect Your Future

Having a clean record opens doors to better jobs, housing, and financial opportunities. If you qualify for criminal record expungement or sealing in Miami, don’t wait—take action today!

🚨 Want to clear your criminal record? Contact Francisco Marty Law today for a free consultation and let’s start the expungement process!