It has been nearly 20 years since the Miami-Dade State Attorney’s Office (SAO) began what it calls the “Sealing and Expungement program.” Since then, about 9,000 records have been removed for those who live all around the county.
Whether or not there is a conviction, arrests stay on a person’s record. These can show up during routine background checks done for things like employment or moving into a new address. State Attorney Katherine Fernandez Rundle, who has been in office since 1993, pushed the measure because she believed some people deserved a second chance.
“She learned that even though they weren’t convicted, they were having trouble getting jobs, housing, scholarships and these things are impediments for their lives,” said Deputy Chief Assistant Nilo Cuervo “That’s when she said ‘listen we need to help these folks’.”
The state’s public records records law allows access to arrest records. Florida Statute 943.053(3) gives public access to criminal history records. And statute 943.045 requires that a criminal history record be made when a person is arrested and has their fingerprints recorded. It usually include the nature of the charges, even if they are subsequently dropped.
Sealing a criminal history means that the public access is removed and this doesn’t show up in those routine background checks. Expunging means that even governmental agencies that normally have access to even a sealed record cannot have the record opened without a court order.
“Even though we are a prosecutor’s office, the State Attorney’s Office thinks people deserve second chances,” said Cuervo.
Although the SAO would like to see as many Miami-Dade County residents as possible benefit from the program, there are still eligibility criteria.
For starters the program only expunges the criminal history of those who were arrested for non-violent charges. Violent crimes, sexual offenses, and other serious felonies are not eligible.
To be expunged or sealed, the charge must be dropped or end with a non-conviction to begin. As of right now only one arrest from a criminal history record can be expunged, but the SAO is currently pushing for the ability to expunge a juvenile record along with an adult one.
Monthly events all around the county allow community members to go to these meeting places and have the entire process done in one sitting. This makes what is usually a seven-step process in multiple offices into a one-stop-shop event.
The only cost applicants must take on is a $75 fee that goes to the Florida Department of Law Enforcement. Smetimes even that is waived,.
The SAO creates flyers for every monthly event and contacts community groups, churches and elected officials by mail. It also promotes them on official social media accounts, local radio and on occasion local news outlets.
“We met with some business leaders, and even they said they really like this program because a lot of companies can’t hire anyone with arrest records and they want to hire more people,” said Cuervo.
SAO’s traveling event format has been a successful approach that iot hopes to implement in other programs
“Many people make mistakes and prosecutors are focused on violent crimes,” ” said SAO Public Information Officer Ed Griffith. “For nonviolent crimes, the SAO doesn’t believe they should be an anchor around their neck.”
Editor’s Note: The headline on the story has been updated
