Assuming you qualify, the following may be considered for expungement in the state of Florida.

  • Criminal Arrest Records
  • Arrest Mistakes
  • Juvenile Expunctions When A Diversion Program Is Completed
  • If Your History Is Annotated In Error By The F.D.L.E.

If You Were Found Guilty, These Charges Can’t be Sealed

In Florida, there are certain things that will not allow you to expunge or seal your criminal record and below is a quick list of reasons why:

  • You were found guilty of a criminal offense at any time in your past in any location, other than the offense that you are looking to have expunged
  • You already have another expunged or sealed record from another crime in Florida.
  • FOR EXPUNGEMENT: Your case wasn’t dismissed/dropped (It is still possible to qualify to have your record sealed)
  • FOR SEALING: A withhold was the outcome of your case, however, the statute prohibits it.

You Are Prevented From Expungement or Sealing If You Have Any Previous Conviction

If you were convicted of a criminal offense in Florida, you will not be able to expunge or seal that criminal record as per state laws. The exceptions are if you happen to be a victim of human trafficking or as a result of a lawful defense, or if your charges were dropped. This is worth repeating – if you have a criminal offense conviction, in Florida you will not be eligible to have your arrest sealed or expunged in virtually all cases.

The “Gotcha” – If You Were Found Guilty It Doesn’t Always Mean That You Were Convicted

If you were found guilty in Florida, you might not have been convicted. It is possible to be found guilty, but have a withhold on the adjudication (the conviction).

If You Were Convicted

If you have a criminal offense conviction, it is possible to overturn that conviction or have your plea withdrawn. There are time sensitive and limited ways to have this done in Florida. It is better to have it done as quickly as possible. Other states might have different procedures for dealing with convictions.

In Florida You Are Able To Seal or Expunge Only One Arrest

Florida, at present, only allows for the expungement or sealing of a Florida charge as per its statutes per lifetime. Out-of-state expungements are not a concern anymore. Florida is only worried about previous expungements or sealings that take place in Florida. You will not be able to have a criminal record expunged or sealed in Florida more than once.

If you had a previous qualified juvenile expungement, if you have been the victim of human trafficking or if lawful self-defense was used to drop charges you may qualify for an exception. These exceptions do not count against your single chance to have your criminal record sealed or expunged in Florida.

Your Case Has To Be Dropped To Be Considered For Expungement

If your charges were dismissed or dropped before a trial, it is possible to have them expunged. You will not qualify for expungement if the charges weren’t dropped before a trial. But, they could still qualify for sealing.

 

SEALING YOUR RECORD:

Any criminal offense can be expunged if the charges are dropped, dismissed, or not filed by the state attorney.   If a verdict of Not Guilty was made by a judge or jury, it is likely that the case can at best be sealed, not expunged.

The charges below cannot be seared or expunged.

Sometimes, you are arrested for violation A, but found guilty of violation B.  The list below does not reflect what you were charged with, but what you were ultimately found guilty of.  If any charges on the of the list below reflect your conviction, you are ineligible for Sealing or Expunging of your record.  Your only option for a “Start Again” is the process of Overturning or vacating your conviction.

  •             393.135 Sexual misconduct of developmentally disabled
  •             394.4593 Sexual misconduct of the mentally disabled
  •             787.025 Luring or enticing a child
  •             Chapter 794 Sexual Battery (if your charged starts with 794.nnn you are ineligible)
  •             796.03 Procuring person under age of 18 for prostitution
  •             800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
  •             810.14 Voyeurism
  •             817.034 Florida Communications Fraud Act
  •             825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person
  •             827.071 Sexual performance by a child
  •             Chapter 839 Offense by Public Officers and Employees
  •             847.0133 Protection of minors; prohibition of certain acts in connection with obscenity
  •             847.0135 Computer pornography; traveling to meet minor
  •             847.0145 Selling or buying of minors
  •             893.135 Trafficking in Controlled Substances
  •             916.1075 Sexual misconduct mentally ill defendants
  •             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
  •             Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at the 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 in s. 775.30
  •             Manufacturing any substances in violation of chapter 893 (Controlled Substances)The list above includes attempts to commit such crimes also.

 

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