ARE YOU QUALIFIED FOR A RECORD SEALING OR EXPUNGEMENT?
In order to seal your record in the State of Florida you must meet some, if not all, of the following conditions.
- Have you ever had a record sealed or expunged before?
- Have you never have been convicted (adjudicated guilty) of a misdemeanor, criminal ordinance violation (this also includes traffic criminal cases such as DUI, reckless driving, or driving while license suspended) or a felony?
- Are you currently under supervision (probation, community control, or any other court mandated program)?
- Is your offense one for which you received a WITHHOLD OF ADJUDICATION?
CRIMES THAT ARE THE EXCEPTION
Below is a list of the crimes which you may not be sealed even if you received a withhold of adjudication. The crimes listed below however CAN BE EXPUNGED if you were found not guilty, the charges were dismissed, or you were never formally charged.
- Luring or Enticing a Child - F.S. 787.025
- Sexual Battery and related offense - Chapter 794
- Procuring person under 18 for prostitution - F.S. 796.03
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age - F.S. 800.04
- Voyeurism – F.S. 810.14
- Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult - F.S. 825.1025
- Sexual Performance by a child - F.S. 827.071
- Sexual misconduct with mentally deficient or mentally ill defendant and related offenses. A violation of any offense qualify for registration as a sexual predator under F.S. 775.21 or for registration as a sexual offender under F.S. 943.0435.
- Offenses by public officers and employees - Chapter 839
- Giving/showing/transmitting/loaning obscene materials to a minor - F.S. 847.0133
- Computer pornography(child related) - F.S. 847.0135
- Selling or buying of minors - F.S. 847.0145
- Drug Trafficking (Trafficking in Controlled Substances) - F.S. 893.135 (This does not include possession)
- Violations of Pretrial detention or release - F.S. 907.041
- Arson - F.S. 806.01
- Aggravated Assault - F.S. 784.021
- Aggravated Battery - F.S. 784.045
- Illegal use of explosives - F.S. 790.001
- Child abuse or aggravated child abuse- Chapter 827
- Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft Piracy
- Kidnapping - Chapter 787
- Homicide - Chapter 782
- Manslaughter - F.S. 782.07
- Robbery - F.S. 812.13
- Carjacking - F.S. 812.133
- 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 - F.S. 827.071
- Burglary of a dwelling - F.S. 810.02
- Stalking and aggravated stalking - F.S. 784.048
- Act of Domestice Violence as defined in F.S. 741.28
- Home invasion robbery - F.S. 812.135
- Act of terrorism as defined by F.S. 775.30
- Attempting or conspiring to committ any of the above crimes
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