Criminal Law

Records Sealing Questions

http://www.floridacriminalrecordsfaq.com/

 

Which crimes cannot be sealed or expunged in Florida?

Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes.

The following is a list of 36 such crimes that appear on the Florida Department of Law Enforcement’s website:

  1. Arson
  2. Aggravated Assault
  3. Aggravated Battery
  4. Illegal use of explosives
  5. Child abuse or Aggravated Child Abuse
  6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
  7. Aircraft piracy
  8. Kidnapping
  9. Homicide
  10. Manslaughter
  11. Sexual Battery
  12. Robbery
  13. Carjacking
  14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
  15. 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
  16. Burglary of a dwelling
  17. Stalking and Aggravated Stalking
  18. An act of domestic violence
  19. Home-invasion Robbery
  20. An act of terrorism
  21. Manufacturing certain controlled substances
  22. Sexual misconduct with a developmentally-disabled person
  23. Sexual misconduct with a mental-health patient
  24. Luring or enticing a child
  25. Sexual battery
  26. Procuring a person under the age of 18 for prostitution
  27. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
  28. Voyeurism
  29. Scheme to defraud or organized fraud
  30. Lewd or lascivious offense upon or in presence of elderly person or disabled person
  31. Sexual performance by a child
  32. Offenses by public officers and employees
  33. Showing or selling obscene literature to a minor
  34. Computer pornography
  35. Selling or buying of minors
  36. Trafficking in controlled substances

However, if you were simply arrested for one of the above-mentioned crimes or if you were charged with one of these crimes but charges were later dismissed, it may still be possible for you to get your criminal history record sealed or expunged.

What criminal charges may be expunged?

The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements.

Any charge, which resulted in a withholding of adjudication or in an acquittal (that is, a not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See Florida statutes section 943.0585(2)(h).

A charge which was dismissed before trial (for example, no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of and the record is otherwise eligible.

 

How can I get a criminal record sealed or expunged?

According to Florida law, a judge is not allowed to deny an individual’s request to have his criminal record expunged simply because of the seriousness of the charge. This article examines one case in which the judge mistakenly did just that.

Recent Questions

Can Even a Serious Charge Such as Murder Be Expunged?

According to Florida law, a judge is not allowed to deny an individual’s request to have his criminal record expunged simply because of the seriousness of the charge. This article examines one case in which the judge mistakenly did just that.

Can a judge deny my request to seal or expunge my criminal record without a hearing?

When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court, that person is legally entitled to have her request heard by a judge. When a judge fails to set a formal hearing to consider the request, that case may very well be reversed on appeal. This article looks at one such case.

Can a judge deny my request for criminal record expungement without giving me a reason ‘why’?

The rule that governs the expunction of criminal history records in Florida states that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Nevertheless, Florida law has consistently held that the words “sole discretion” do not permit judges to arbitrarily deny requests for expunctions. This article examines one case in which the judge hearing the matter did precisely that.

I was arrested but the case never went to court. Is my Florida criminal record automatically removed?

It sometimes happens that a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney’s Office or because the State Attorney’s Office decides not to prosecute the case. When that situation arises, there is a procedure whereby an individual can request that the Florida Department of Law Enforcement administratively expunge the arrest record. This article discusses that procedure.

Which crimes cannot be sealed or expunged in Florida?

Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes.
The following is a list of 36 [...]

What information is required to complete the application for certification of eligibility?

In order to obtain a certificate of eligibility so that you may, in turn, petition the court to seal or expunge your criminal history record, you or your attorney must do the following things pursuant to Florida statutes sections 943.0585(2) and 943.059(2):

Section “A” of the application must be completed and signed in the presence of [...]

What do I do once I receive a certificate of eligibility?

Once FDLE has issued the certificate of eligibility to seal or expunge a criminal history record, you or your attorney must file a petition for relief along with the certificate of eligibility anda required affidavit in the court in the county where the arrest occurred.
The issuance of the certificate of eligibility is not the final [...]

Who should receive a copy of the order to seal or expunge a criminal history record?

By law, the Clerk of Court is responsible for certifying a copy of the court order to the State Attorney’s Office (or to the Statewide Prosecutor’s Office) as well as to the arresting agency (or agencies).
The arresting agency is then responsible for sending a certified copy of the court order to all agencies that are [...]

Why is the database at the Florida Department of Highway Safety and Motor Vehicles (DHSMV) checked in order to determine my eligibility to have my criminal history record sealed or expunged?

A criminal traffic offense such as DUI, reckless driving, or driving while license suspended/canceled/revoked may appear in the DHSMV database even though it may not appear in the criminal history record system maintained by FDLE.
Noncriminal traffic offenses (such as careless driving) do not affect one’s eligibility to seal or expunge a criminal history record. But, [...]

What type of background checks are conducted by FDLE to determine my eligibility to have a criminal history record sealed or expunged?

The FDLE conducts three types of checks to determine your eligibility:

criminal history record checks through the Florida Crime Information Center (FCIC);
national record checks through the National Crime Information Center (NCIC), and
driving history checks through the Florida Department of Highway Safety and Motor Vehicles (DHSMV)