Expungement of Juvenile Charges in Miami, Florida

Expungement of Juvenile Charges in Miami, Florida

Getting charged with a crime as a juvenile can have lasting consequences, even after you become an adult. A criminal record can make it harder to get a job, join the military, or get into college. But in Florida, you may be able to get your juvenile record expunged (erased). This article explains how juvenile expungement works in Miami.

What is expungement?

Expungement is the process of sealing and destroying criminal records. When a record is expunged, it’s taken off public databases so it doesn’t show up on background checks. An expunged case is treated as if it never happened.

Florida law allows people to petition the courts to have eligible juvenile offenses expunged. If approved, your criminal history will be cleared of the charges. However, expungement is not automatic – you have to take action to make it happen.

Who is eligible for juvenile expungement in Florida?

In Florida, you may be eligible for early expungement of juvenile charges if:

• You were charged as a minor (under 18)
• You completed a diversion program or probation for a misdemeanor
• Your charges were dropped or dismissed
• You were found not guilty
• You were under 21 when you apply

You’ll need to submit an application to the Florida Department of Law Enforcement (FDLE). They’ll check your criminal history to see if you qualify. Certain serious felonies may not be eligible.

Types of juvenile expungement

There are a few different ways to get a juvenile record expunged in Florida:

Automatic expungement

Some minor juvenile offenses are automatically expunged when you turn 24, such as if your case was dismissed or you received probation. But you’ll need to petition the courts if you want expungement before age 24.

Court-ordered expungement

You can petition the courts at any time to expunge eligible juvenile offenses. This requires submitting an application and appearing before a judge. If approved, your record will be cleared. Make sure to hire an attorney for help.

Diversion program expungement

If you completed a diversion program for a first-time misdemeanor, you may be able to get your record expunged within 12 months of finishing the program. This requires submitting an application to FDLE.

How to get your juvenile record expunged in Miami

Here are the basic steps to expunge a juvenile record in Miami-Dade County:

1. Obtain a certified copy of your case disposition from the Clerk of Courts office. There’s a fee for this.
2. Fill out a FDLE Seal and Expunge Application and get your fingerprints taken.
3. Mail the completed application, fingerprints, and certified disposition to FDLE headquarters.
4. FDLE will review your application and notify you if you’re eligible.
5. If approved, FDLE will send you a Certificate of Eligibility.
6. File a petition with the courts to order expungement along with the Certificate of Eligibility.

This process can take several months. It’s highly recommended to hire an expungement attorney to handle the paperwork and court petition.

Benefits of juvenile expungement

Getting your juvenile record expunged can open up more opportunities as an adult, such as:

• Applying for college and financial aid
• Finding a job
• Renting an apartment
• Improving credit score
• Joining the military

Expungement gives you a clean slate and chance to move on with your life. Your history won’t be erased, but it will no longer show up on background checks.

When can you apply for expungement?

In Florida, you can apply to have your juvenile record expunged once you turn 18. The process can take 6 months or more, so it’s best to apply early if you’re hoping to join college or the military at 18.

For early expungement, make sure you complete all terms of your probation or diversion program first. Make copies of all paperwork to prove you finished the requirements.

Will every offense be expunged?

Unfortunately no – some very serious felonies may not be eligible for expungement under Florida law. Offenses like arson, sexual battery, or capital felonies where someone was killed cannot be expunged.

When you apply, FDLE will check your entire criminal history to see if you qualify. Certain charges may make you ineligible, even if they occurred when you were a juvenile.

Should you hire an attorney?

Yes! The expungement process is complicated, with lots of paperwork. Having an attorney handle your case greatly improves your chances of success. They know how to fill out the forms, obtain records, and present your case to the judge.

Look for an attorney experienced specifically in juvenile expungements. Expect to pay $1,000 or more in legal fees, but it’s worth the cost to clear your record.

What if your petition is denied?

If the court denies your expungement petition, you may be able to apply again after some time has passed. Do not try applying over and over – wait at least a year before trying again.

Make sure to follow ALL the rules of your probation and diversion program. Not completing the requirements could make you ineligible for expungement.

Conclusion

Having a juvenile record expunged can be life-changing. It gives you a clean slate and erases youthful mistakes from your past. But expungement is not automatic in Florida – you must take action.

Consult with an expungement attorney to see if you’re eligible. Then be prepared for a long process of applying to FDLE and petitioning the courts. With persistence and legal help, you can clear your record and start fresh as an adult.