Record Sealing and Expungement
EARLY TERMINATION OF PROBATION
Many of our clients may wish to request the court terminate their probation early. Such a request is many times met upon with approval when they have satisfactorily completed at least half of the period of probation.
We will prepare the necessary motion, contact the state and seek to obtain a hearing before the court.
SEALING AND EXPUNGING CRIMINAL AND JUVENILE RECORDS AND EARLY TERMINATION OF PROBATION
If there has been no adjudication (a withhold) and no prior sealing, expungement or conviction the client may also apply for either a sealing of his or her criminal records. Where the case where the charges have been dismissed, dropped or there was a finding on not guilty an expungement of the records you may be entitled to an expungement of the official records.
There are several options regarding such procedures for juvenile records which we can advise you on when you contact our office
To seal or expunge an adult criminal record in most instances requires court approval. In the case of sealing the defendant must pay all outstanding fines, fees, and court costs prior to having his record sealed and no longer be on probation.
The process requires a certified copy of the final disposition (which we will obtain); and a completed fingerprint standards form. The form (which we will supply) can be completed at a local law enforcement agency.
We will complete an application for a certificate of eligibility and seek its approval with the State Attorney’s Office. State Attorney approval is only necessary in requests for expungement.
Thereafter we will forward the approved documentation with the standard fee to the Florida Department of Law Enforcement (FDLE).
After review, if eligible The FDLE will return to usa Certificate of Eligibility for expungement or sealing.
We will then prepare and file a verified motion to seal or expunge (depending on which relief to which you are entitled) and get a hearing date from the court.
In most instances you will not have to appear at the hearing and once the motion is granted the court will forward an order sealing or expunging the official State records pertaining to your case.
More information regarding forms and procedures can be found through the clerk’s office or at the FDLE website.
To arrange a consultation with Russell Spatz, call 305-442-0200 or contact him online.