MenuMiami is famous for nightlife, tourism, and unforgettable vacations. But for some, the memories include something less glamorous: an arrest or criminal case in Florida. Whether it’s a spring break incident, a mistake during college, or a misunderstanding while visiting, a criminal record can follow you long after you leave Miami.
The good news: Florida law provides options to seal or expunge certain criminal records so they don’t haunt you in job searches, housing applications, or immigration proceedings. Here’s how it works and what it takes to keep your Spring Break past private.
Why Record Sealing and Expungement Matter
Even if your case was dismissed or you received a withhold of adjudication, the arrest record often remains public. That means:
- Employers can see it on background checks.
- Landlords may deny housing.
- Licensing boards may raise questions.
- Immigration officials may scrutinize it.
Sealing or expunging your record makes it as if the case never happened with important exceptions we’ll discuss below.
Sealing vs. Expungement: What’s the Difference?
Florida law offers two main remedies under Chapter 943, Florida Statutes:
- Record Sealing ( Stat. § 943.059): The record still exists but is placed under highly restricted access. Most employers, landlords, and the public cannot view it.
- Expungement ( Stat. § 943.0585): The record is physically destroyed (with very limited exceptions for law enforcement and certain agencies).
In both cases, you can lawfully deny the arrest in most situations making it easier to move forward with a clean slate.
Who Qualifies for Expungement in Florida?
Under Fla. Stat. § 943.0585, you may qualify for expungement if:
- Charges were dropped, dismissed, or never filed by the prosecutor.
- You were acquitted (found not guilty at trial).
- You have no prior convictions (felonies or certain misdemeanors).
- You have not previously sealed or expunged a record in Florida.
Who Does Not Qualify?
You cannot seal or expunge if:
- You were adjudicated guilty (convicted) of the offense.
- The offense is one of Florida’s disqualifying crimes, such as sexual offenses, violent crimes, or certain firearm-related charges.
- You have already had a record sealed or expunged in Florida.
How the Process Works
- Obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This involves fingerprints, application forms, and proof that you qualify.
- File a Petition with the Court in the county where your case was handled (e.g., Miami-Dade).
- Judicial Review. A judge reviews your petition and may hold a hearing.
- Order Granted. If approved, the court orders the sealing or expungement, and agencies are directed to restrict or destroy the record.
Why Timing Matters
The process can take several months, especially with FDLE backlogs. For out-of-state visitors who had an incident in Miami or elsewhere in Florida, starting early is critical so you don’t miss opportunities due to a lingering record.
What Sealing/Expungement Can Do for You
- Employment: You may legally deny the arrest in most job applications.
- Housing: Background checks by landlords won’t reveal the case.
- Reputation: Public court websites and databases won’t display the arrest.
Important Exceptions
Even after sealing or expungement, certain agencies such as law enforcement, the Florida Bar, and some licensing boards may still access the record in limited circumstances. Expungement is not a free pass for concealed carry, immigration waivers, or federal security clearances.
What This Means in Practice
- Spring break arrest in Miami: If charges were dropped, you may expunge the record and keep future employers from ever seeing it.
- Withhold of adjudication for a minor offense: You may qualify for sealing, keeping the record out of public view.
- Felony conviction: Unfortunately, convictions cannot be sealed or expunged in Florida.
Why You Need an Experienced Attorney
The process is technical. Errors in the FDLE application or court petition can delay or derail relief. An experienced criminal defense lawyer can:
- Determine eligibility.
- Handle the FDLE and court paperwork.
- Argue your case before the judge if necessary.
- Ensure you maximize protection of your future.
If you’ve been arrested in Miami or anywhere in Florida and want to protect your future, contact George Law today for a confidential consultation.