Clearing an eligible Miami-Dade misdemeanor conviction from your record is possible through a legal process called expungement. This process involves petitioning the court to have the records physically destroyed, making them unavailable to the public, employers, and landlords.
You and your criminal defense lawyer must first work together to determine your eligibility under Florida law. After that, you’ll need to file the correct petitions with the Florida Department of Law Enforcement (FDLE) and the Miami-Dade court.
A past mistake doesn't have to define your future. Clearing your record opens doors to better employment, housing, and personal peace of mind.
If you have a question about clearing your Miami-Dade misdemeanor record, call the Rossen Law Firm at (786) 705-8300.
Key Takeaways for Miami-Dade Misdemeanor Expungement
- Eligibility is strict and requires a judge to have "withheld adjudication" for the misdemeanor. This means you were not formally convicted, which is the most common path to expungement in Florida.
- The process involves both a state agency (FDLE) and the local Miami-Dade court. You must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement before you petition the court to destroy the record.
- A successful expungement allows you to legally deny the arrest and conviction in most situations. This clears the record from public background checks, opening up new opportunities for employment and housing.
How a Misdemeanor Record Creates Invisible Walls Around Your Life
A misdemeanor conviction, even for a minor offense, creates a public record that follows you. This record is easily accessible to anyone running a background check.
This means automatic rejections for job applications, denials for apartment leases, and even trouble securing professional licenses or loans. This situation forces you to repeatedly explain a past mistake, shrinking your world and limiting your opportunities.
Expungement offers a legal path to remove this barrier permanently.
- It physically destroys the record: Unlike sealing, which just hides it from public view, expungement means the record is physically destroyed or obliterated by any criminal justice agency that has it.
- You may legally deny it happened: Once your record is expunged, you may, with a few exceptions, legally deny the arrest and conviction ever occurred.
- It restores your opportunities: This opens the door to better jobs, secure housing, and the ability to move forward without the shadow of a past conviction.
Am I Eligible to Expunge My Miami-Dade Misdemeanor?
Florida law sets out specific requirements for who is eligible to have their record expunged. The first step is always confirming your eligibility.
The "Adjudication Withheld" Requirement
For most misdemeanor expungements, a judge must have "withheld adjudication" in your case. Simply put, this means the court found you guilty but chose not to formally convict you. If the court "adjudicated you guilty," you generally are not eligible to have that record expunged, though sealing might be an option.
Key Eligibility Questions We Will Help You Answer
- Did you receive an "adjudication withheld"? We will review your court records to confirm the disposition of your case.
- Have you ever sealed or expunged a record before in Florida? The state generally permits only one record expungement in a lifetime.
- Is your misdemeanor on the list of ineligible offenses? Certain misdemeanors, particularly those involving violence, are disqualified by Florida Statute § 943.0585. We will confirm if your charge is eligible.
- Have you completed all terms of your sentence? This includes probation, fines, court costs, and any required classes or community service.
- Do you have any other pending criminal charges? You cannot be in the process of being prosecuted for another crime while seeking an expungement.
Your Step-by-Step Guide to the Florida Expungement Process
The expungement process involves specific steps with state and local agencies. Our firm handles this entire process for you, ensuring every document is filed correctly and on time.
Step 1: Get Your Official Criminal History
The process starts with obtaining your complete Florida criminal history. We need to confirm the exact charge, the date of the offense, and the final disposition of your case as recorded by the state. Our firm will work with you to get a certified copy of your criminal history from a law enforcement agency to ensure we have the official record to start the process.
Step 2: Apply for a Certificate of Eligibility from the FDLE
Before asking a Miami-Dade judge to expunge your record, you need permission from the state. This permission comes in the form of a Certificate of Eligibility, issued by the Florida Department of Law Enforcement (FDLE). The application requires your fingerprints, a certified copy of the disposition of your case, and a signed statement confirming you meet the statutory requirements. Our team at Rossen Law Firm prepares and submits this detailed application on your behalf, ensuring all information is accurate to prevent delays or denials.
Step 3: Draft and File the Petition to Expunge
Once the FDLE approves your eligibility, the next step is to formally petition the court. We will draft a legal document called a "Petition to Expunge." This document, along with your Certificate of Eligibility, is filed with the Miami-Dade Clerk of Courts. It formally asks the judge who handled your original case to order the expungement. We file the petition and serve copies to the appropriate government bodies, including the State Attorney’s Office, as required by law.
Step 4: The Court Hearing (If Necessary)
In some cases, the State Attorney’s Office may object to the expungement. An objection from the prosecutor does not automatically mean your petition will be denied. It simply means a judge will schedule a hearing to listen to arguments from both sides. If a hearing is required, we represent you in court, present the legal arguments for why your petition should be granted, and answer any questions the judge may have. In many cases, a hearing is not necessary.
Step 5: The Judge's Order and Final Confirmation
The final step is receiving the signed court order that makes the expungement official. If the judge grants the petition, they will sign an Order to Expunge. This order is then sent by the Clerk of Courts to all the agencies that have a record of your case, such as the arresting police department and the FDLE. We track the case to ensure the order is signed and distributed correctly. We then confirm with the relevant agencies that your record has been destroyed as ordered, providing you with the peace of mind that the process is complete.
What a Miami-Dade Expungement Actually Means for You
Once the expungement order is finalized, your life changes in a few key ways.
- You May Legally Deny the Arrest: Except in very specific situations (like applying for a job with a criminal justice agency or the Florida Bar), you may legally state that you were never arrested or charged for this offense.
- Your Record Is Removed from Public View: Standard background checks run by employers, landlords, and the general public will no longer show any record of the case. It will appear as if it never happened.
- Digital Footprints Are Wiped: Private background check companies that pull public data are legally required to update their records and remove the expunged information. If they fail to do so, they may be in violation of the law. We will help you address this if it becomes an issue.
Note: Law enforcement and certain government agencies may still access the record in limited circumstances, as outlined in Florida law.
What Are The Most Common Reasons Expungement Gets Denied In Florida?
Many people get denied for reasons that could have been fixed early on. Here’s what we see most often.
You Weren’t Given “Adjudication Withheld”
This is usually the first hurdle. If the judge formally adjudicated you guilty (even if you didn't serve jail time), you’re likely ineligible. Florida law doesn’t allow expungement after a conviction. You may still be able to seal your record, but that’s a different process with its own restrictions.
You’ve Already Sealed Or Expunged A Record Before
Florida generally allows only one expungement or sealing in a lifetime. If you’ve used that up, you're not eligible again unless the previous one was expunged by mistake or withdrawn. We’ll check the FDLE’s records to make sure.
You Haven’t Finished All Parts Of Your Sentence
Unpaid court fees, incomplete probation, or unfinished community service will almost certainly block your application. You must be fully done with everything the court ordered, no exceptions.
You’re Facing New Charges
You can’t apply for expungement if you have another criminal case pending. Even if it’s unrelated, Florida law requires a clean slate at the time you apply.
Your Paperwork Has Mistakes
Something as simple as a missing fingerprint card or an incorrect case number might lead to denial. The FDLE checks every detail. If something doesn’t match or is incomplete, they’ll reject it and you’ll have to start over.
The Charge Is On Florida’s Banned List
Certain crimes, usually those involving violence or sexual misconduct, are excluded from expungement entirely. If your misdemeanor falls into one of these categories, you won’t qualify under Florida Statute § 943.0585.
The Prosecutor Objects
Sometimes, even if you're eligible on paper, the State Attorney’s Office will oppose your petition. This doesn’t automatically stop the process, but it does mean a hearing will be scheduled. At that point, the judge has the final say.
We review all these potential issues before you ever file, so your one shot at expungement doesn’t get wasted on a technicality.
What Doesn’t Expungement Actually Change?
Once your record is expunged, a lot gets better. But not everything disappears. Here's what people are often surprised to find out.
Certain Government Agencies Can Still Access It
As we mentioned earlier, expungement erases the record from public view, but not from every database. If you're applying to work in law enforcement, corrections, or certain state agencies, they’ll still see the case. In those situations, you’re required to disclose it even after it’s been expunged.
Private Background Check Companies Might Still Report It By Mistake
Some websites pull data from public court records and store it. Even after your record is destroyed, these companies may show outdated info unless you notify them. If this happens, we’ll help you file a correction request. They’re legally obligated to update their records under the Fair Credit Reporting Act.
It Doesn’t Undo Lost Opportunities
Expungement clears your record going forward, but it doesn’t reverse what’s already happened. If you lost a job, housing, or license because of that charge, expungement doesn’t force those decisions to be reconsidered. It gives you a fresh start, not a redo.
You May Still Have To Disclose It In Limited Situations
Even after expungement, Florida law requires disclosure in specific cases, like applying for the Florida Bar or a concealed weapons permit. We’ll go over the exact exceptions so you’re never caught off guard.
It Only Applies To One Case
If you were arrested for multiple charges across different incidents, expunging one won’t remove the others. You’ll need to qualify for each one separately. We’ll help you check which ones can be cleared and which ones cannot.
In short, expungement doesn’t erase the past, but it does free your future. Just be clear on what changes and what doesn’t before you make plans around it.
Frequently Asked Questions About Miami-Dade Misdemeanor Expungement
How long does the expungement process take in Miami-Dade County?
The entire process, from applying for the Certificate of Eligibility to getting a final court order, typically takes several months. Timelines vary depending on the FDLE's processing times and the court's schedule.
Can I expunge a DUI conviction in Florida?
No. Under Florida law, a conviction for Driving Under the Influence (DUI) is not eligible for sealing or expungement.
What is the Miami-Dade "Second Chance" Program?
The Miami-Dade State Attorney’s Office runs the Second Chance Sealing/Expunging Program, which holds events to help local residents determine their eligibility and start the process. Our firm guides you through the same process with dedicated legal support from start to finish.
How much does it cost to get a record expunged?
The costs include the FDLE application fee, Clerk of Court filing fees, and legal fees. We provide a clear breakdown of all costs upfront during our initial consultation.
What happens if my application for a Certificate of Eligibility is denied by the FDLE?
If the FDLE denies your application, they will provide a reason. In some cases, it may be due to incomplete information or a misunderstanding of your record. We will review the denial, correct any issues, and help you appeal the decision if appropriate.
A Clean Slate Is Your Next Chapter, Not a Distant Hope
That feeling of constantly looking over your shoulder or worrying about a background check does not have to be your reality. The law provides a way for you to move past a misdemeanor and start fresh.
You don't have to figure out the detailed paperwork and legal deadlines on your own. Having a dedicated advocate by your side ensures the process is handled correctly the first time, protecting your one chance at expungement.
Your next step is simple: call the Rossen Law Firm today for a confidential consultation about your situation. We are here to answer your questions and help you close the book on this chapter of your life.
Call us at (786) 705-8300.