With the state of the job market, many prospective clients are contacting
me inquiring about
sealing or expunging their
criminal records . This is because there are presently more applicants than available jobs,
and with employers being more selective than ever before, the presence
of a criminal record, even if it is just anarrest record, is enough to
automatically disqualify you from many jobs that you would otherwise be
I handle the
and the sealing of arrest and criminal records for primarily Miami-Dade
and Broward County. However, I have also handled such matters in other
Florida counties. Regardless of the county of your arrest, I can be your
It is important to determine whether you are eligible, however. Here are
some factors you should consider in determining whether you are eligible
to have your record sealed or expunged.
1.You have never been adjudicated guilty of a felony, misdemeanor, criminal
ordinance, or other criminal offense;
2.You have never obtained a previous sealing or expungment of a criminal record;
3.The criminal record you are trying to seal or expunge does not include
a crime that falls under the "disqualifying offenses" unless
that crime was dismissed.
4.You have completed all the requirements of probation and probation was
terminated. In other words, the court supervision is done.
5.For sealing your record, your case was either dismissed, you were found
not guilty at trial, or you were given a withhold of adjudication prior
to trial or after being found guilty at trial.
6.For expunging your record, your charges were dismissed prior to trial
and you have no other cases.
If you can answer "yes" to all 6 of those questions, you are
eligible to have yourrecord sealed or expunged.
You can only get one criminal case expunged or sealed but all charges under
that case are eligible provided you were not sentenced for a disqualifying crime.
For disqualifying crimes it's important to understand that if they
were dismissed (nolle prosse or no action) you can still get your record
expunged or sealed if you meet the other requirements listed above.
The key is whether you were sentenced for a disqualifying crime. If you
were, you can't get a seal or expungement. If you were not, then you
are eligible if you meet the other requirements listed above.
If you have a withhold of adjudication then you are eligible to have your
record sealed only and not expunged.
The following offenses are "disqualifying offenses." This means,
if you were
sentenced on any of the following charges, you are not eligible to clean your record.
By "sentenced" I mean that you were found guilty of, or pleaded
guilty to the following charges:
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of
an elderly person or disabled adult;
7. Aircraft piracy;
11. Sexual battery;
14. Lewd, lascivious, or indecent assault or act upon or in presence of
a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less
than 18 years of age, by or at solicitation of person in familial or custodial
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.
If you have any questions, please contact me. I am both a Miami expungement
attorney and a Broward expungement attorney, however I can handle the
cleaning of your record in any Florida county.