Eligibility to have your criminal record sealed or expunged requires certain factors being met.
The Florida Department of Law Enforcement (FDLE) has set guidelines by which this is determined. If you have ever been adjudicated guilty of any crime, felony or misdemeanor, you will not be able to qualify to have a criminal history record sealed or expunged.
Two statutes can be used for reference to determine eligibility for sealing or expunging a criminal record:
- Sealing a Criminal Record: Florida Statute § 943.059
- Expunging a Criminal Record: Florida Statute § 943.0585
Can I Seal or Expunge More than One Criminal Record in Florida?
Each person has one opportunity only to seal or expunge one criminal record in his or her lifetime. Individuals who have multiple arrests will have to determine which one of their eligible records they would like to seal or expunge.
There are times when one arrest can lead to numerous charges or cases, and in this type of situation, the court has the sole discretion of expunging the criminal history record in full or part.
Criminal Record Results Eligible for Sealing
The following result is required for a criminal record to be sealed:
- Adjudication of Guilt Withheld: No conviction
Criminal Record Results Eligible for Expunging
One of the following results is required in order to be eligible for a criminal record to be expunged:
- No Action: The Office of the State Attorney did not file charges against you following your arrest
- Nolle Prosse (Dismissal): The Office of the State Attorney filed formal charges, but later dismissed them
- Acquittal by Jury or Judge: A finding of not guilty by either the jury or the judge at the trial
Criminal Record Charges Not Eligible for Sealing
The following is a partial list of charges may never be sealed:
- 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 (murder)
- Manslaughter
- Sexual battery (rape)
- 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
- Act of domestic violence as defined in s.741.28
- Home-invasion robbery
- Act of terrorism as defined by s. 775.30
- Manufacturing any substances in violation of s. 893 (controlled substances)
- Attempting or conspiring to commit any of the above crimes
- Sexual misconduct with developmentally disabled person and related offenses
- Sexual misconduct with mental health patient and related offenses
- Luring or enticing a child
- Sexual battery and related offenses
- Procuring person under age of 18 for prostitution
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- Voyeurism
- Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as used in s. 817.034)
- Lewd or lascivious offense upon or in presence of elderly or disabled person
- Sexual performance by a child
- Offenses by public officers and employees
- Showing, selling, etc., obscene literature to minor
- Computer pornography, traveling to meet minor
- Selling or buying of minors
- Trafficking in controlled substances
- Sexual misconduct with mentally deficient or mentally ill defendant and related offenses
Hire a South Florida Criminal Record Sealing & Expungement Lawyer to Help With This Complex Process
Getting a criminal history record sealed and or expunged is no sure thing. If you are interested in learning more about how to seal or expunge criminal records, please contact the Law Offices of Robert Malove. We will guide you through the sealing and expungement process.
