Miami-Dade Expungement Lawyer

David Weisselberger | July 27, 2024

DO I QUALIFY?

Expungement offers individuals a second chance by clearing eligible criminal records and providing a fresh start. In Miami-Dade, understanding the expungement process, eligibility criteria, and costs involved is essential for those seeking to have their records expunged. This guide provides a detailed overview to help you navigate the complexities of expungement in Miami-Dade.

Eligibility for Expungement in Miami-Dade

Determining eligibility for expungement in Miami-Dade is the first crucial step. According to Florida law, the following conditions must typically be met:

No Prior Expungements or Sealings: An individual can only have one criminal record expunged or sealed in their lifetime. Previous expungements or sealings disqualify a person from another expungement.
Eligible Offenses: Only specific offenses qualify for expungement. Generally, charges that were dismissed, dropped, or resulted in a not-guilty verdict can be considered. Certain serious offenses, such as sexual crimes, violent crimes, and certain drug offenses, are not eligible.
Completion of Sentence: All court-ordered sentences, including probation, community service, and fines, must be completed before applying for expungement.
Certificate of Eligibility: Before petitioning the court, an individual must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that the individual meets the basic eligibility requirements for expungement.

Expungement Process in Miami-Dade

The expungement process in Miami-Dade involves several steps and requires careful attention to detail. Here is an overview of the process:

Obtain a Certificate of Eligibility

Application: Complete the application for a Certificate of Eligibility from the FDLE. This includes submitting a completed fingerprint card and paying a processing fee of approximately $75.
Supporting Documents: Provide certified copies of the disposition of the case.
Review: The FDLE will review the application and, if approved, issue a Certificate of Eligibility.

File a Petition for Expungement

Filing: Once the Certificate of Eligibility is obtained, file a Petition to Expunge with the court that handled the original case.
Documentation: Include the Certificate of Eligibility, a sworn statement attesting to the eligibility criteria, and other required documentation.
Notification: Serve copies of the petition to the appropriate state attorney or prosecutor's office.

Court Review and Hearing

Review: The court will review the petition and may schedule a hearing.
Hearing: At the hearing, the judge will consider whether expungement is in the best interest of justice.
Order: If the court grants the petition, an order of expungement will be issued.

Record Destruction

Sealing/Destruction: Once the order is issued, the records will be sealed or destroyed according to the court's instructions.
Legal Denial: The individual can then legally deny the existence of the expunged record in most circumstances.

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How Much Does Expungement Cost in Miami-Dade?

The cost of expungement in Florida can vary depending on several factors, including attorney fees and court costs. Typically, you can expect to pay between $995 and $2,500 for professional legal services. It's advisable to consult directly with an expungement lawyer to get an accurate estimate for your specific case. For more detailed information, you can visit this article.

Why Should You Choose Our Miami-Dade Expungement Lawyer?

At Erase The Case, we are dedicated to helping you expunge your criminal record in Miami-Dade for a fresh start. Here’s why you should choose us:

Specialization in Florida Expungements: We focus exclusively on criminal record expungements in Florida, providing expert knowledge and dedicated service.
Proven Track Record: With a 99.7% success rate, our clients can trust our extensive experience and proven results.
Comprehensive Client Support: Enjoy 24/7 access to case updates and direct communication with your attorney, ensuring you’re informed and supported every step of the way.

5/5 - (1 vote)

David Weisselberger, ESQ.

Florida Expungement Lawyer

5.0

Customer Ratings

1 (866) 372-7335
Lawyer@erasethecase.com
Miami, FL

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Client reviews

It was a great experience working with David on a previous case. He really goes above and beyond and provides great service. He was able to get everything done in less than 4 months at a very reasonable price. His current payment plan, Pay Later is a great option!
David Gonzalez
This is one of the best choices I have made in my life. I feel like life has truly given me a second chance from my past mistakes. I chose Erase The Case because of the reviews and now I want to make sure I pass on this experience so that some other people can trust this company....
Sanchez
one month ago
Florida Expungement Attorney of the Year!! Great service… The best part is I didn't have to do anything except the online video call which took less than 5 minutes to get the notarized papers!! David took care of everything...
Brian Diaz-Fernandez
Great experience with this law firm!! David was very helpful throughout the entire process from start to finish. Explained everything in detail with constant communication. Fully recommend to anyone looking for this service or information.
Chaim cohen