Determining Your Eligibility

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Once you get your Certificate of Eligibility back from FDLE, you are halfway through the process. Follow the steps listed below:

Step 1: Take Your Certificate of Eligibility

Miami-Dade Clerk of the Court
Richard Gerstein Justice Building

Take your Certificate of Eligibility back to the main office of the Clerk’s Office (1351 Northwest 12th Street, 8th Floor); this can only be done at this location, not at the branch courts. Show them your Certificate of Eligibility, which will authorize either sealing or expungement.

Step 2: With Requests for Sealing, Complete the Provided Forms

If your certificate is for a sealing, they will give you three forms that need to be filled out: a Petition to Seal, an Affidavit in Support of Petition to Seal and an Order to Seal.

These are all fill-in-the-blank forms, asking for information such as your name, court case number, the date you were arrested, the charges involved and what police department arrested you. When you complete the Affidavit form, be sure to read it very carefully and make sure that it is right, because you will have to swear to it when you sign it before a Notary Public.

Step 3: With Requests for Expungement, Complete the Provided Forms

If you are asking for an expungement, the process is the same but the forms are called Petition to Expunge, Affidavit in Support of Petition to Expunge and Order to Expunge. *Note that a Certificate of Eligibility is only valid for 12 months, so you should follow up in scheduling the matter for court promptly.

Step 4: File Completed Forms With Clerk's Office

If you are asking for an expungement, the process is the same but the forms are called Petition to Expunge, Affidavit in Support of Petition to Expunge and Order to Expunge. 

A Certificate of Eligibility is only valid for 12 months, so you should follow up in scheduling the matter for court promptly.

Step 5: Pay the Filling Fee

When you have filled in these forms, you must file them with the Clerk’s Office. There is a filing fee, which is currently $42.00. The Clerk’s Office will schedule your hearing date before the judge and tell you the time and date. You then appear at the hearing that has been set, your case will be called and the judge will hear your petition. If the State Attorney’s Office does not object to your petition, then the judge will grant your petition.

You do not need to do anything further in order for your case to be sealed or expunged. The Clerk’s Office will send certified copies of the judge’s order to all of the law enforcement agencies involved, and they will either seal or expunge your record as the judge has ordered.