Miami Expungement and Record Sealing Attorney
Florida record relief across Miami-Dade and South Florida is a one-time opportunity for eligible cases. Expungement and sealing under § 943.0585 and § 943.059 can restore opportunities affected by an old criminal record.
Frequently Asked Questions
What is the difference between expungement and sealing in Florida?+
Can every criminal record be expunged or sealed in Florida?+
How does the once-per-lifetime rule work?+
What is a Certificate of Eligibility?+
Who can still see a sealed or expunged record?+
Will an expunged record still appear on a private background check?+
How long does the expungement or sealing process take?+
Can a withhold of adjudication be sealed?+
Can a federal record be expunged or sealed?+
Do you handle expungement and sealing cases outside Miami?+
Forms of Florida Record Relief
Florida law provides several statutory pathways to limit access to a criminal record. The available form depends on the case outcome, the charge category, and prior record history. Eligibility is governed by Fla. Stat. § 943.0584 and the related sections below.
Court-Ordered Expungement
Fla. Stat. § 943.0585. Available when charges were dropped, dismissed, or resulted in acquittal, and the case otherwise qualifies. Expungement physically destroys most records and limits access more strictly than sealing.
Court-Ordered Sealing
Fla. Stat. § 943.059. Available when the case ended without adjudication, including withhold-of-adjudication outcomes, and the case otherwise qualifies. Sealed records remain in existence but are removed from public access.
Automatic Sealing of Non-Convictions
Fla. Stat. § 943.0595. Limited automatic sealing for certain non-conviction records. Coverage is narrow, and most record relief still requires a court-ordered application under § 943.0585 or § 943.059.
Core Eligibility Requirements Under Florida Law
Florida record relief is governed by strict statutory requirements. Each application has to clear several distinct thresholds before the court can order expungement or sealing. An ineligible application can use up the once-per-lifetime opportunity, so eligibility review comes first.
Once-Per-Lifetime Limit
Florida law generally allows one court-ordered expungement or sealing per lifetime. The once-per-lifetime rule is strictly enforced. Choosing the right case to apply for, when more than one is potentially eligible, matters.
No Prior Convictions
The applicant generally must not have been adjudicated guilty of any criminal offense, including the case being sealed or expunged, with limited exceptions. Prior adjudications can disqualify the entire application.
Charge Type Eligibility
Fla. Stat. § 943.0584 lists categories of charges that are statutorily ineligible regardless of outcome, including many serious felonies, sex offenses, and violent crimes. Charge-type review is mandatory before filing.
Where an Old Record Still Affects Daily Life
A criminal record continues to affect opportunities long after the case is closed. Successful expungement or sealing limits access to that record across most public and private contexts.
Employment and Background Checks
Most private employers run background checks. An open record can disqualify an applicant before an interview, and even cases that ended favorably can show as arrest records on commercial background reports. Court-ordered expungement and sealing limit what most employers can lawfully see.
Housing and Rental Applications
Landlords and property management companies routinely run background checks. Old arrest records or non-conviction outcomes can lead to denials. Sealed and expunged records are removed from most public-access background databases.
Professional Licensing and Certifications
Bar admissions, healthcare licenses, real estate, finance, education, and many other licensed professions require disclosure of criminal history. Florida law treats sealed and expunged cases differently from open records, though some licensing boards retain access. Lawful self-disclosure exceptions still apply in specific contexts identified in § 943.0585(4) and § 943.059(4).
Immigration, Education, Personal Opportunity
Visa and immigration applications, college admissions, security clearances, and personal background reviews can all be affected. Expungement and sealing do not eliminate every disclosure obligation, but they substantially narrow public access. Understanding what record relief does and does not do is part of the consultation, before any application is filed.
How an Expungement Case Gets Built
Record relief is procedural work, but the procedure rewards careful preparation. Strong applications are built on accurate eligibility analysis, complete documentation, and a clear understanding of what relief is really available.
Comprehensive Eligibility Review
Every record-relief case begins with reviewing the case history: the charge, the disposition, the adjudication status, the prior record, and the once-per-lifetime question. Eligibility under Fla. Stat. § 943.0584, § 943.0585, and § 943.059 must be confirmed before any application is filed. Filing an ineligible application can use up the lifetime opportunity without producing relief.
Filing the wrong eligible case can use up the once-per-lifetime opportunity without producing the relief that mattered.
Certificate of Eligibility
Most Florida court-ordered expungement and sealing applications require a Certificate of Eligibility from the Florida Department of Law Enforcement. The application package is detailed, requires fingerprinting, and involves filing fees and supporting documentation. Mistakes at this stage cause delays and resubmissions.
Filing the Petition
After the certificate is issued, the petition for expungement or sealing is filed in the trial court of the original case. The State Attorney's Office is served and may take a position. The court reviews the petition and supporting documentation, sometimes with a hearing, before entering an order.
Realistic Counseling on Outcomes
Even with a granted petition, certain agencies retain access to sealed and expunged records. Lawful self-disclosure obligations apply in specific contexts. The goal is to clear what can be cleared, while making sure the client understands exactly what relief was granted and what residual disclosure obligations remain.
Related Criminal Matters
Most clients arrive at expungement or sealing after another type of criminal matter. Each related area carries its own defense framework.
Probation Violations
Many record-relief cases follow successful resolution of a probation matter. How a VOP case ends directly affects later eligibility for sealing or expungement.
Learn More →Appeals & Post-Conviction
Successful post-conviction relief that vacates a conviction can restore eligibility for record relief that was previously unavailable. Coordinated post-conviction and sealing work can compound results.
Learn More →Drug Charges
First-time drug cases that resolve through diversion or pretrial intervention often produce non-conviction outcomes that qualify for sealing under § 943.059. Diversion eligibility and sealing eligibility are linked.
Learn More →Direct attorney access at (305) 774-7000
Florida record relief is a one-time opportunity for eligible cases. The first step is a careful eligibility review under Fla. Stat. § 943.0584, § 943.0585, and § 943.059, before any application is filed. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
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