Expungement / Sealing of Florida Records:
Disqualifying Crimes and Dispositions
Automatic Disqualification - Part 1
ANY criminal charge, felony or misdemeanor, for which you were ever adjudicated guilty
as an adult, anywhere, will automatically disqualify you from sealing or expunging any Florida,
nonjudicial criminal history record, under the
regular Florida process.
This includes an adjudication of guilt for a criminal traffic offense or a criminal city or county ordinance violation.
Consider your overall criminal history record, including records with local, state, federal, and military
agencies, and with the courts, as you decide if you have ever been adjudicated guilty. Read more about "adjudicated guilty of a crime".
Automatic Disqualification - Part 2
Charges You May Not Be Able to Seal
or Expunge,
Depending on the Disposition of Your Criminal Case
You will not be eligible to seal or expunge a Florida
criminal history record that relates to a violation of any of the
crimes listed below.....
IF you were found guilty of the listed offense, even if the court withheld adjudication; or
IF you pled guilty or nolo contendere to the listed offense,
even if the court withheld adjudication.
NOTE: If all charges in your record were dismissed, OR if the charges in the record you
want to seal or expunge are not related to any of the crimes listed below, this automatic
disqualification does NOT apply to you.
- Arson
- Aggravated assault
- Aggravated battery
- Illegal use of explosives
- Child abuse or aggravated child abuse
- Abuse 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
- Sexual activity with a child who is 12 or older but less than 18,
by or at solicitation of a person in familial or custodial authority
- Burglary of a dwelling
- Stalking or aggravated stalking
- Act of domestic violence as defined in s. 741.28 F.S.
- Home-invasion robbery
- Act of terrorism as defined by s. 775.30 F.S.
- Manufacturing any substances in violation of Chapter 893, F.S.
- Attempting or conspiring to commit any of the above crimes.
- Sexual misconduct with a developmentally disabled person, or
related offense - s. 393.135, F.S.
- Sexual misconduct with a mental health patient, or related offense
-
s. 394.4593, F.S.
- Luring or enticing a child - s. 787.025, F.S.
- Sexual battery or related offense in Chapter 794, F.S.
- Procuring person under 18 for prostitution - s. 796.03, F.S.
- Lewd or lascivious offense committed upon or in the presence
of a person less than 16 - s. 800.04, F.S.
- Voyeurism - s. 810.14, F.S.
- Florida Communication Fraud Act - s. 817.034, F.S.
- Lewd or lascivious offense upon or in presence of an elderly
or disabled person - s. 825.1025, F.S.
- Sexual performance by a child - s. 827.071, F.S.
- Offense by a public officer or employee - Chapter 839, F.S.
- Showing or selling obscene literature to minor, or related offense
-
s. 847.0133, F.S.
- Computer pornography - s. 847.0135, F.S.
- Selling or buying of a minor - s. 847.0145, F.S.
- Trafficking in controlled substances - s. 893.135, F.S.
- Sexual misconduct with a mentally deficient or mentally ill
defendant, or related offense - s. 916.1075, F.S.
- A violation of any offense specified as a predicate offense
for registration as a sexual predator pursuant to s. 775.21, F.S.,
without regard to whether that offense alone is sufficient to
require such registration, or for registration as a sexual
offender pursuant to s. 943.0435 regarding registration as a
sexual predator under or for registration as a sexual offender
under s. 943.0435, F.S.
Automatic Disqualification - Part 3
If you were ever adjudicated delinquent as a juvenile for any of the crimes
listed below, you will not be eligible to seal or expunge any
nonjudicial Florida criminal history record, under the regular process.
1) ANY felony
2) Any of the following misdemeanors
(as specified in s. 943.051(3)(b), Florida Statutes):
- Arson (s. 805.031(1))
- Assault (s. 784.011)
- Assault or battery on a law enforcement officer, a firefighter, or other
specified officers (s. 784.07(2)(a)-(b))
- Battery (s. 784.03)
- Carrying a concealed weapon (s. 790.01(1))
- Cruelty to animals (s. 828.12(1))
- Exposure of sexual organs (s. 800.03)
- Negligent treatment of children (former s. 827.05)
- Open carrying of a weapon (s. 790.053)
- Petit theft (s. 812.014(3))
- Unlawful possession of a firearm (s. 790.22(5))
- Allowing a minor to obtain firearm who takes it to school property
(s. 790.115(2)(c)2.)
- Unlawful use of destructive devices or bombs (s. 790.1615(1))
Read more about eligibility to seal or expunge your Florida record.
Read about expungement of juvenile records in Florida, including diversion and automatic expungement.
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