Miami Expungement Attorney

Have a criminal record but wish you didn’t? You can’t turn back time but expungement may be an option. An expungement allows a person who has been arrested for or convicted of a crime to have the records sealed or destroyed. This makes the records nonexistent or unavailable to the general public.

Expungement offers those with criminal records a fresh start by limiting the negative consequences of past offenses on their lives, but the specific benefits and limitations depend on the laws of the jurisdiction and the nature of the offense. It’s essential for those seeking to clear their records to consult with a legal professional. A Miami expungement attorney from Asilia Law Firm familiar with the laws and criteria involved.

Expungement vs. Sealing

When a criminal record is expunged, it is removed from public view and is often treated as though it never existed. Expungement typically involves petitioning the court to remove the record. Not all offenses are eligible for expungement.

Sealing a criminal record involves restricting access to it. While the record still exists, it is not accessible to the general public. Sealing may still allow certain entities, such as law enforcement or government agencies, to access the record.

Process for Expungement

Want to get your record expunged? Here’s a look at the process:

Eligibility check. Determine if you are eligible for expungement. Not all criminal offenses are eligible for expungement in Florida. Generally, only certain misdemeanor and felony charges can be expunged, and certain criteria must be met.
Obtain your criminal record. Obtain a copy of your criminal record from the Florida Department of Law Enforcement. You will need this record for the expungement process.
Consult with an attorney. It is highly recommended to consult with an experienced criminal defense attorney who can advise you on your eligibility for expungement and guide you through the process.
File a petition for expungement. If you are eligible for expungement, you will need to file a petition with the court in the county where the arrest or charges occurred. The petition will include your personal information, details about the offense you want expunged, and reasons why the expungement should be granted.
Notice to the state attorney’s office. The petition for expungement must be served to the state attorney’s office in the county where the offense occurred. The state attorney’s office will review the petition and agree to it or object to it.
Court hearing. In some cases, a hearing may be scheduled. You will have the opportunity to present your case to the judge. The judge will consider factors such as the nature of the offense, your criminal history, and your rehabilitation efforts.
Order granting expungement. If the judge grants your petition for expungement, they will issue an order directing the Florida Department of Law Enforcement and other relevant agencies to seal or expunge your criminal record.

Benefits of Expunging Your Criminal Record

By expunging your record you may save substantial embarrassment in the future and it may even help you get a job. It is also possible in certain circumstances to truthfully deny that you were ever arrested even though the arrest did take place. But the right to deny the arrest is limited to certain situations and so it is always helpful to review those with an attorney prior to denying your arrest. As indicated above, it is intended for you to refer to the section on sealing your record as well as this section in order to determine which process is best for you. However, because the area is complicated, it is recommended that you discuss this matter with a competent Florida criminal defense lawyer.

Under Florida law, an individual arrested in the State of Florida may be eligible to have their criminal arrest record sealed. You should also be advised that in certain situations the record can be directly expunged. Expunging a record involves the erasure of the records while sealing a record results in the records being sealed and out of view for a period of time. Please refer to the section on expunging your record to see if you’re eligible for that procedure.

How to Have A Criminal Record Sealed

If however, you are not eligible for expungement directly, or, if you prefer to have your record only sealed, it will be necessary that you determine if you are qualified. You are only entitled to have your criminal record sealed or expunged once in your lifetime. Therefore, under existing law, if you have ever had a sealed or expunged record in the past you are no longer eligible. Likewise, you must not have been convicted or adjudicated of the criminal offense you are seeking to have sealed. Because the qualifications for sealing your record are quite complicated, it is very helpful to discuss the matter with an attorney first.

Why Seal Your Criminal Record?

Having your record sealed may result in saving a substantial amount of embarrassment and possibly help you obtain a job. Also, under certain situations, you can truthfully deny the existence of your arrest even though the arrest did take place. Please keep in mind however, there are exceptions to your right to deny the existence of your arrest and you do not want to get in trouble by denying the arrest in a situation where the law does not provide for such relief.

Contact a Miami Expungement Attorney From Asilia Law Firm Today

Criminal offenses often stay on your record forever. Talk to a lawyer about getting these crimes expunged, or erased, from your record.

Contact a Miami expungement attorney from Asilia Law Firm if you would like to learn more about having your criminal record sealed or erased. Call (786) 420-3014 or fill out the online form to schedule a consultation.