Miami, FL Expungement Lawyer

Experienced Attorney Helping With Expungement and Sealing Criminal Records in Miami, Florida

After being arrested, many people assume that being found not guilty or having the criminal charges dropped means that the criminal record of the arrest goes away. Unfortunately, an arrest in Florida remains a matter of public record even if the arrested person was never convicted of the crime in question.

The good news is that state law does allow people in these situations to clear their criminal records through expungement or record sealing so they can legally deny that they were ever arrested. The process of sealing or expunging a criminal record, however, can be extremely complicated, and there are numerous restrictions not only on the number of times people can seal or expunge records but also on the kinds of offenses that may be sealed or expunged.

If you are currently exploring how to seal or expunge your criminal record in Florida, it is in your best interest to retain legal counsel to ensure you satisfy all the necessary requirements. The Hoffman Firm helps clients all over the greater Miami-Dade County area. Our Miami expungement attorney knows how to walk clients through the process successfully.

Contact an attorney immediately to ensure your freedom and escape legal penalties. Call 305-249-0090 or fill out our online contact form. Se habla Español.

Sealing Records vs. Expunction in Florida

Whether a person has a criminal record sealed or expunged, either process will remove the record from public view. Beyond the similar result, what actually happens to the criminal record involved is quite different.

When a criminal record is sealed, the record will confidentially remain on file with the Florida Department of Law Enforcement (FDLE) as well as the courthouse and criminal justice agency that handled the case, but the record is not viewable by the public.

When a person has a criminal record expunged, the record is physically destroyed, and the FDLE maintains a confidential limited record of the person's criminal history.

People who have had their criminal records expunged or sealed may deny arrests covered by their expunged or sealed records, except when they:

• Are seeking employment with a law enforcement or criminal justice agency
• Are defending against criminal prosecution
• Take steps to petition for relief under Florida Statute § 943.059 (Court-ordered sealing of criminal history records), Florida Statute § 943.0585 (Court-ordered expunction of criminal history records), or Florida Statute § 943.0583 (Human trafficking victim expunction)
• Are seeking admission to the Florida Bar
• Are seeking employment with the Department of Children and Families, the Department of Juvenile Justice, or other similar state agencies or will otherwise be in positions where they may have direct contact with children, disabled people, or the elderly
• Are seeking employment with the Department of Education, a public or private school, or a local governmental agency that licenses childcare facilities
• Are seeking a license from the Division of Insurance Agent and Agency Services
• Are seeking to become a legal guardian of a child or disabled adult
• Are seeking to purchase guns and will be required to consent to background checks
• Are seeking a license to carry a concealed firearm or another concealed weapon

Crimes That Cannot Be Sealed or Expunged

Criminal records cannot be sealed or expunged if a person has been found guilty of an offense, if they are in any diversion program or under court supervision, or if they have previously had offenses expunged or sealed. Alleged offenders also cannot seal or expunge criminal records if they were found guilty or pleaded guilty or nolo contrendere (no contest) to certain violations of state law.

People are ineligible to have their records sealed or expunged if their arrests involved any one of the following offenses classified as a "dangerous crime" under Florida Statute § 907.041(4)(a):

• Aggravated assault
• Aggravated battery
• Arson
• Illegal use of explosives
• Terrorism
• Child abuse
• Abuse of an elderly person or disabled adult
• Homicide
• Manslaughter
• Robbery
• Burglary of a dwelling
• Home invasion
• Carjacking
• Sexual battery
• Lewd, lascivious, or indecent assault involving a child under the age of 16
• Sexual activity with a child
• Kidnapping
• Stalking
• Domestic violence
• Drug manufacturing
• Aircraft piracy
• Attempting to commit any crime listed above or conspiring with others to do so

Contact Our Miami Expungement Attorney

Do you need help sealing or expunging your criminal record in Florida? The Hoffman Firm assists clients with the complex paperwork involved in criminal record sealing and expunction cases. Our expunction attorney in Miami is here for you every step of the way. Plan your defense strategy today by calling 305-249-0090 or contacting us online.