MIAMI Sealing and Expunging ATTORNEY

Sometimes what seems like youthful shenanigans become regrettable mistakes in adulthood, and occasionally even private incidents become incorporated into public records after the judicial system becomes involved. In such situations citizens can request that records be expunged, sealed, or altered. The law governing alterations of public documents varies greatly from state to state, with Florida regulations allowing more options than many jurisdictions for individuals who were subsequently cleared.

Sealing records obscures information from the purview of the majority of people. Expungement is a process that permits public records to be destroyed and the incident regarded as if it never happened. Florida law permits both for offenses for which adults were never convicted. Initially, records are sealed, but information can be expunged after 10 years have elapsed following the seal. Information about many serious offenses can never be expunged or sealed, however, including crimes such as arson, homicide, terrorism, sexual crimes against minors, stalking, kidnapping, and sexual battery.

Eligibility

Although convictions cannot be sealed or expunged for adults, individuals against whom charges were dismissed can request that their records be sealed and, later, expunged. The state will not seal more than one record, and sealing is prohibited for various serious accusations. Juvenile transgressions are automatically expunged at age 23 or 25, depending upon the criminal history and the nature of the offenses. Also, juveniles can petition the court for sealing if charges were dismissed or if the juvenile successfully completed a diversion program.

How we can help

Our dedicated attorneys can help walk you through the often complex process of clearing your past record. First we will help you file an application with the Florida Department of Law Enforcement. The process for sealing and expunging is similar. If the agency determines that you are eligible, it will issue a Certificate of Eligibility. If the certificate is granted, our lawyers will petition the court in the jurisdiction where the events occurred. The petition requires a sworn statement that:

• Prior to filing the petition, you have never been adjudicated guilty of a criminal offense;
• You have not been adjudicated guilty of any of the acts stemming from the arrest or allegedly criminal acts to which the petition pertains; and
• You have never before had a record sealed or expunged.

Our lawyers have the knowledge and expertise to help clear your criminal history and help you to lead the life that you deserve unencumbered by the mistakes of your past.