Florida Criminal Records FAQ » Crimes

Which crimes cannot be sealed or expunged in Florida?

admin — Mon, 09 Feb 2009 23:01:26 +0000

Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes.

The following is a list of 36 such crimes that appear on the Florida Department of Law Enforcement’s website:

Arson
Aggravated Assault
Aggravated Battery
Illegal use of explosives
Child abuse or Aggravated Child Abuse
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
Aircraft piracy
Kidnapping
Homicide
Manslaughter
Sexual Battery
Robbery
Carjacking
Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
Burglary of a dwelling
Stalking and Aggravated Stalking
An act of domestic violence
Home-invasion Robbery
An act of terrorism
Manufacturing certain controlled substances
Sexual misconduct with a developmentally-disabled person
Sexual misconduct with a mental-health patient
Luring or enticing a child
Sexual battery
Procuring a person under the age of 18 for prostitution
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
Voyeurism
Scheme to defraud or organized fraud
Lewd or lascivious offense upon or in presence of elderly person or disabled person
Sexual performance by a child
Offenses by public officers and employees
Showing or selling obscene literature to a minor
Computer pornography
Selling or buying of minors
Trafficking in controlled substances

However, if you were simply arrested for one of the above-mentioned crimes or if you were charged with one of these crimes but charges were later dismissed, it may still be possible for you to get your criminal history record sealed or expunged.

What criminal charges may be expunged?

admin — Mon, 09 Feb 2009 20:52:18 +0000

The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements.

Any charge, which resulted in a withholding of adjudication or in an acquittal (that is, a not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See Florida statutes section 943.0585(2)(h).

A charge which was dismissed before trial (for example, no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of and the record is otherwise eligible.

What kinds of criminal charges may not be sealed?

admin — Mon, 09 Feb 2009 20:51:37 +0000

A list of charges that may not be sealed when adjudication is withheld is contained in Florida Statutes section 943.059. (The same listing is found in section 943.0585 because the specified offenses may not be expunged either.)

In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated delinquent as a juvenile for any felony or for certain specified misdemeanors), whether or not related to the charge(s) that the person is applying for, the record is ineligible for sealing, and the application will be denied.