Criminal Defense: Miami Expungement Lawyer
EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS
Once DMT resolves your case, let our Miami expungement lawyer clear your record. Do not let a prior contact with the criminal justice system negatively impact your future. Let a Miami criminal defense lawyer
at Donet, McMillan, & Trontz, P.A. (DMT) protect your privacy. We understand that a prior record can impact you economically, as well as socially.
Anyone ever arrested for a crime will have a record for the rest of their lives, unless they do something about it. A criminal record will exist even if your charges were dropped or dismissed. A prior arrest record could prevent an individual from obtaining employment or a promotion at work, gaining enrollment into a college or university or even obtaining home or automobile loans. Let our criminal defense team seal or expunge your record so you can make a better life for yourself.
Why You Need DMT to Seal or Expunge Your Record
Unless you seal or expunge your record, it will always remain a public record. Anyone who does a simple internet search can see when and what you were arrested for and disposition of your case For some people, this is an embarrassing part of their lives, that wish to keep a secret. Our criminal defense lawyers in Miami have assisted hundreds of people seeking to seal or expunge their record.
Once a judge orders your record to be expunged, an individual's criminal history must be destroyed or obliterated by any law enforcement agency or criminal justice agency having custody of any criminal record. Generally, the court may only order an expungement of criminal history pertaining to one arrest. The court can order an expungement for more than one arrest, if the additional arrests directly relate to the original arrest. An individual is only entitled to seal or expunge their record only once. To be eligible for an expungement, an individual can never have been adjudicated guilty or delinquent of any crime or even received a withhold of adjudication (see the one exception below).
Once a criminal record has been expunged, only a judge under certain circumstances can provide your information to a person or entity. Once your criminal record has been expunged, the law in the State of Florida provides that you can lawfully deny or fail to acknowledge any arrests covered by the expunged record with a few exceptions including:
- You are a candidate for employment with a law enforcement agency
- You are a defendant in a criminal prosecution
- You are a candidate for admission to the Florida Bar
- You are seeking employment with the Department of Children and Families
- You are seeking employment with the Department of Education
- You are seeking employment with the Department of Juvenile Justice
- You are seeking employment with an entity that has direct contact with children
To be eligible to expunge your record, your charges must have been dropped by the State Attorney's Office (nolle prossed) or dismissed by the court. An exception to this rule, exists when your record has been sealed for a period of ten years.
Once a judge orders your record sealed, your record will be hidden from the public eye. If your record is sealed, it will not be destroyed, but the clerk of court will physically identify your file as being sealed and therefore prevent it from being viewed by the public. Once your record has been sealed by order of the court, the clerk of court and all law enforcement agencies are prohibited from disclosing your record to the public. The effect of sealing your record carries the same effect as an expungement. An individual may lawfully deny or fail to acknowledge a previous arrest. The same exceptions noted above for expungement also exist for sealing a record. To be eligible for an expungement, an individual can never have been adjudicated guilty or delinquent of any crime.
Crimes Not Eligible for Sealing or Expunging
- Aggravated assault
- Aggravated battery
- Child abuse
- Abuse of the elderly
- Sexual battery
- Burglary of a dwelling
- Stalking or aggravated stalking
- Lewd and lascivious behavior
If you are interested in expunging or sealing your record, contact a Miami criminal lawyer at DMT to review your situation and determine whether or not you are eligible to clean up your record. Let us help you put your past behind you and open up your window of opportunity.
CONSULT A MIAMI CRIMINAL DEFENSE LAWYER
To speak with a skilled expungement lawyer at Donet, McMillan, & Trontz, P.A., or if you have questions regarding sealing or expunging your record, please contact DMT to schedule your free consultation. You can call our office at (305) 340-2197 or reach us by completing the form on our contact page
or by sending an e-mail. We are available every day of the year, 24 hours a day.