Expungement

Expungement Lawyer in Miami

If you’ve been arrested for a crime, your criminal history can follow you around for the rest of your life. One mistake or misunderstanding as a young adult can lead to a lifetime of negative assumptions about your character. Even if you were never convicted or the charges were dropped, your arrest history could be a bar to employment and educational opportunities.

Miami criminal defense attorney Jonathan Blecher recognizes the importance of having a fresh start after a criminal arrest. That’s why he offers expungement services to individuals who qualify. If you need an expungement lawyer in Miami, call Attorney Blecher today.

The Difference Between Sealing and Expungement of Criminal Charges

While many individuals use the terms “sealing” and “expunging” interchangeably, they have different meanings.

Sealing

Sealing a record means that a charge on a criminal record is not available to the general public. Government agencies are still able to access the record if they otherwise have access to the person’s criminal history.

Expungement

This is the court-ordered destruction of a portion of the criminal record. It is as though the arrest never occurred. However, it is unlawful to deny the arrest occurred if:

You are trying to change your immigration status.
You are a defendant in another criminal case.
You are trying to be hired for certain government jobs.
You are seeking admission to the Florida Bar or obtain a health care license.
You’re trying to gain access to a seaport.
You’re applying for a teaching certificate.

Because expungement completely erases the history of the arrest, the qualifications for expungement are more rigorous than for record-sealing.

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“Jonathan was professional, knowledgeable, and took the time to really listen to my concerns. He made sure I understood every step of the process. His calm and thoughtful approach made a challenging situation much easier to handle.”

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“Working with Jonathan was an excellent experience. He was attentive, clear in his communication, and made sure I understood every part of the process. I felt supported throughout, and the outcome exceeded my expectations.”

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“Mr. Blecher explained everything in detail, along with a timeline for when it would be completed. He did everything he promised and was able to complete everything within the timeframe promised. I was very satisfied with his work.”

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“I had an excellent experience working with attorney Jonathan Blecher. He handled my case professionally and efficiently, and the outcome couldn’t have been better—my case was completely dropped, with no points, no fees, and I didn’t even ”

- Maya C.

What Qualifies for Expungement in Florida?

To qualify for expungement, you may not have been convicted of the crime for which you’re seeking expungement. Additionally, expungement only works one time. If you’re later arrested for other crimes, you cannot seek expungement again. There are many reasons why the courts may deny expungement:

If you were convicted of the crime in question, the courts will not expunge your record.
If you’ve previously had a record sealed or expunged, you cannot get an additional expungement, though an out-of-state expungement won’t prevent one in Florida.
If you were charged with one of the enumerated crimes in Florida State Statute 947.01, the court will not grant an expungement. These include serious felonies, such as arson, homicide, robbery, burglary, and domestic crimes. This is not a comprehensive list, and there are many additional crimes that are barred from expungement.

The Expungement Process in Miami, FL

The expungement process can be complicated and time-consuming, which is why so many people use a Miami expungement attorney for their best chance of success.

1. Application for a Certificate of Eligibility

This applies to both expungement and record sealing. The petitioner must obtain a certificate from the Florida Department of Law Enforcement (FDLE). The applicant must complete the paperwork and sign it before a notary public. This part of the process can take a few days.

2. Certified Disposition of Charges

You will have to show how the result of your arrest by obtaining a certified disposition of charges for each individual offense from the Miami-Dade Clerk of the Court. This process can take three to four weeks.

3. State Attorney Application Approval

To get an expungement, the State Attorney must approve your certification and complete the written certified statement page. This step can take three weeks or longer.

4. Processing by the FDLE

The FDLE will review your application and paperwork for expungement. This is the longest step in the process, and it can take as long as six or seven months. If they approve your application, they will issue you the Certificate of Eligibility.

5. Petition the Courts

Your criminal defense attorney will present all paperwork to the court. If the court orders the expungement of your records, the only copy that will remain of your arrest will be with the FDLE. This can take up to two more weeks.

Because expungement is a long process, most applicants hire an expungement lawyer in Miami to handle each phase of the paperwork. Contact criminal defense attorney Jonathan Blecher to handle your expungement process.