Russell A. Spatz

trial attorney with
over 40 years of experience
Former Prosecutor And Division Chief In The Office
of The Miami-dade State Attorney
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  4.  » Is My Case Eligible for Expungement?

So you’ve made a mistake and now you’ve got a criminal record. Did you know that many convictions are able to be removed from your record? To determine if your case is eligible for expungement you must consider the four following factors: type of conviction, time, money, and whether or not you’ve had something expunged previously.

Here is what’s taken into consideration:

  • Type of conviction: misdemeanors, Level 6 and Class D felonies, and more are able to be expunged. More harsh crimes like murder, sex crimes, or anything involving children are not.
  • Time: When was the case handled? For misdemeanor convictions – five years must pass from date of conviction.For Level 6 or Class D felonies – eight years must pass. For certain “more serious felonies,” the analysis is more complicated. A Class C felony for possession of a narcotic drug, for example, requires at least eight years from the date of conviction and three years from the date of completion of sentence, whichever is later. In some cases, if not enough time has passed, a petitioner may ask for and receive permission from the prosecutor to file an early expungement.
  • Money: Is anything owed to the courts or county regarding the case you’re looking to have expunged?
  • Prior expungement: This is a reprieve that can only be used once. So make sure it’s worth it.

There’s a lot of paperwork and many variables that will be looked into when it comes to get an expungement approved by the courts. Since you only have one chance to make this happen, you want to be sure it’s done correctly. It’s important to have someone who is familiar with the legal process on your side to walk you through this as the impact on your life can be great. Russell Spatz has decades of experience and can help to make this a smooth process. Give him a call today at 305-442-0200.


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