Miami Expungement & Record Sealing Lawyer

Florida lets you seal or expunge a record only once in a lifetime. File the wrong petition, or file it incorrectly, and that one opportunity is gone. As a former prosecutor who has reviewed thousands of records, I make sure it's done right the first time.

Erick Cruz, Miami criminal defense attorney

Why this matters more than most people realize

A criminal record — even an arrest that never led to a conviction — shows up on background checks for jobs, housing, professional licenses, and loans. Most people are surprised to learn that in Florida, an arrest can appear on your record even if the charges were later dropped, dismissed, or you were found not guilty. Sealing or expunging that record can be the difference between a job offer and a rejection letter you never get an explanation for.

Florida allows you to seal or expunge a criminal history record only once in your lifetime, with very limited exceptions. Filing the wrong type of petition, or filing with a disqualifying detail you didn't catch, can use up that one chance without actually fixing your record.

Erick Cruz, Miami criminal defense attorney

Sealing vs. expungement — they are not the same thing

Sealing removes your record from public view. Employers and landlords running a standard background check won't see it. Certain government agencies — FDLE, the Florida Bar, licensing boards, law enforcement — can still access a sealed record under specific circumstances. Sealing generally applies to cases where you received a withhold of adjudication.

Expungement goes further. Most of the record is physically destroyed, and in most situations Florida law allows you to lawfully deny the arrest ever happened, even under oath in most contexts. Expungement generally applies to cases that were dismissed, no-filed by the prosecutor, or that ended in acquittal.

Which one applies to you depends entirely on how your specific case ended — which is the first thing I review before we file anything.

What disqualifies a record from being sealed or expunged

Eligibility is fact-specific and depends on your complete criminal history, not just the one case you want cleared — which is why I review the full record before filing anything with the Florida Department of Law Enforcement (FDLE).

The process

Because you generally get one attempt at this in your entire life, I review your full history before we ever submit the FDLE application — not after a denial tells us there was a problem we could have caught.

Cases I handle in this area

Frequently asked questions

What's the difference between sealing and expunging a record in Florida?

Sealing hides your record from public view, but certain government agencies can still see it. Expungement goes further — most of the record is destroyed, and in most situations you can lawfully deny the arrest happened. Which applies depends on how your case ended.

Can I expunge or seal a felony conviction?

Not if you were formally convicted (adjudicated guilty). These remedies are for cases where charges were dropped, dismissed, or you received a withhold of adjudication — not adjudicated convictions.

How many times can I seal or expunge a record in Florida?

Generally once in a lifetime, with very narrow exceptions. That's exactly why getting the petition right the first time matters so much.

How long does the process take?

The FDLE Certificate of Eligibility alone typically takes 6–12 weeks. After that, the court petition can take additional weeks to a few months depending on the jurisdiction.

What disqualifies someone from sealing or expunging a record?

A prior sealing or expungement, a conviction for a disqualifying offense, and being currently under court supervision can all disqualify an application. It's evaluated case by case.

Will a sealed or expunged record show up on a background check?

A properly sealed record generally won't appear on standard employer or landlord checks, though some government agencies retain access. Expungement goes further still.

Do I need a lawyer, or can I do this myself?

You can apply on your own, but because you generally only get one attempt in a lifetime, a mistake in the application or petition type can cost you that opportunity permanently. I review your full record before we file anything.

The faster I act, the more I can do.

If you or a loved one is facing charges in Miami, let's talk today. The consultation is free.

Send me a message

Tell me about your case.

I’ll respond personally. Every inquiry is confidential.

By submitting, you agree to be contacted about your inquiry. This does not create an attorney-client relationship.