Which crimes cannot be sealed or expunged in Florida?
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.
