In Florida, the expungement or sealing of criminal records can provide individuals with a fresh start and a chance to leave their past behind. However, not all offenses are eligible for these legal remedies. This article explores the list of ineligible or disqualifying offenses for expungement or sealing of criminal records in Florida, as defined by relevant Florida statutes. Understanding these restrictions is crucial for individuals seeking to clear their records. Additionally, we will delve into the key differences between expungement and sealing of criminal records in Florida.

Ineligible Offenses

Certain offenses in Florida are deemed ineligible for expungement or sealing of criminal records. These disqualifying offenses include:

A.    Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult as defined in Florida § 825.102.

B.    Aircraft piracy as defined in Florida § 860.16.

C.    Arson as defined in Florida § 806.01.

D.    Assault offenses defined in Florida § 784.011 and Florida § 784.03, respectively, of one family or household member by another family or household member, as defined in Florida §  741.28(3).

E.    Aggravated assault as defined in Florida § 784.021.

F.    Battery offenses as defined in Florida § 784.011 and Florida § 784.03, respectively, of one family or household member by another family or household member, as defined in Florida § 741.28(3).

G.    Felony battery as defined by Florida § 784.03.

H.    Domestic battery by strangulation as defined by Florida § 784.041.

I.    Aggravated battery as defined in Florida § 784.045.

J.    Burglary of a dwelling as defined in Florida § 810.02.

K.    Child abuse or aggravated child abuse as defined in Florida § 827.03.

L.    Carjacking as defined in Florida § 812.133.

M.    Computer pornography offenses as defined in Florida § 847.0135.

N.    Drug trafficking as defined in Florida § 893.135.

O.    False imprisonment as defined in Florida § 787.02.

P.    Fraud violations of the Florida Communications Fraud Act as provided in Florida § 817.034.

Q.    Human trafficking as defined in Florida § 787.06.

R.    Illegal use of explosives as defined in Florida chapter 552.

S.    Kidnapping as defined in Florida § 787.01.

T.    Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age as defined in Florida § 800.04.

U.    Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person as defined in Florida § 825.1025.

V.    Luring or enticing a child as defined in Florida § 787.025.

W.    Manslaughter or homicide as defined in Florida § 782.07, Florida § 782.071, or Florida § 782.072.

X.    Manufacturing a controlled substance in violation of Florida chapter 893.

Y.    Murder as defined in Florida § 782.04, Florida § 782.065, or Florida § 782.09.

Z.    Obscenity (certain acts) as defined in Florida § 847.0133.

AA.    Offenses by public officers and employees for any offense defined in Florida chapter 839.

BB.    Procuring a person less than 18 years of age for prostitution as defined in Florida § 796.03.

CC.    Robbery offenses as defined in Florida § 812.13.

DD.    Robbery by sudden snatching as defined by Florida § 812.131.

EE.    Robbery by home invasion as defined in Florida §  812.135.

FF.    Selling or buying of minors as defined in Florida §  847.0145.

GG.    Sexual battery for any offense defined in Florida chapter 794.

HH.    Sexual misconduct under specific statutes, including but not limited to:

Florida §393.135 – Sexual misconduct with any developmentally disabled person.

Florida §394.4593 – Sexual misconduct with the mentally ill person.

Florida §916.1075- Sexual misconduct by a covered person and a forensic client in the custody of the department or agency.

Additional Restrictions

In addition to the above-listed ineligible offenses, any violation specified as a predicate offense for registration as a sexual predator pursuant to Florida § 775.21 or sexual offender pursuant to Florida § 943.0435 is also ineligible for expungement or sealing, regardless of whether that offense alone is sufficient to require such registration.

What is the Difference Between Expungement and Sealing of Criminal Records?

Expungement and sealing of criminal records are two distinct legal processes in Florida, each with its own implications and requirements:

Expungement of Criminal Records in Florida:

  • Expungement involves the complete removal and destruction of a criminal record. Once a record is expunged, it is as if the arrest and related charges never existed.
  • Expungement is typically available for cases where charges were dropped, dismissed, or where the individual was found not guilty at trial.
  • Expunged records are confidential, and in most cases, even law enforcement agencies cannot access them without a court order.
  • Eligibility for expungement is limited to specific circumstances and offenses. Ineligible offenses, as outlined in Florida statutes, cannot be expunged.

Sealing of Criminal Records in Florida:

  • Sealing a criminal record restricts access to it but does not destroy it entirely. The record is placed under seal and is not readily available to the public.
  • Sealing is an option for cases where individuals entered a plea, received a withhold of adjudication, or were convicted but meet certain criteria.
  • Certain government agencies and law enforcement can access sealed records under certain circumstances, such as for background checks related to employment in specific fields.
  • Similar to expungement, eligibility for sealing is subject to specific criteria and excludes certain offenses, as detailed in Florida statutes.

While the expungement or sealing of criminal records can offer a fresh start for many individuals in Florida, it's crucial to understand the distinction between these two legal processes. Expungement completely erases the record, while sealing restricts access to it. Additionally, there is a list of ineligible offenses that cannot be expunged or sealed, as outlined in Florida statutes.

Seeking legal counsel from one of our experienced expungement and sealing of criminal records attorney is necessary to explore all available options and determine the best course of action when dealing with a criminal record that may be ineligible for expungement or sealing. Understanding the nuances of these processes can help individuals make informed decisions about their legal rights and options for clearing their records in Florida.

Contact Musca Law, P.A. at 1-888-484-5057 – We Are Available 24/7! 

Are you or someone you know dealing with a criminal record in Florida? Turn to Musca Law, P.A. for legal help. Our Florida expungement and sealing of criminal records lawyers dedicated to providing expert legal representation. We're here for you 24 hours a day, 365 days a year, offering free consultations at 1-888-484-5057. With 30 offices spread throughout Florida, we ensure convenience for clients all over the state.