36 Crimes that 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.
I was arrested for cocaine possession in 1986, in the State of Virginia. This is my "only" criminal record.I served a probationary period of three years and after a time limit after probation, I petitioned the State of Virginia to have my Civil Rights restored. These rights were restored to me in 1996. My question is: "Am I now allowed to possess a firearm in the state of Florida"?
Attorney Chapman's response:
I suggest you look at the website NFA Gun Trust Lawyer Blog (http://www.guntrustlawyer.com/2009/05/can-a-felon-possess-a-firearm.html) which will hopefully answer your question.
I was charged with a F3 Child Endangering in Ohio. I will be off of probation in April with all my fines paid and all the counceling and classes required done. Is this an offense that can be expunged?
Attorney Chapman's response:
Because you are trying to get an Ohio criminal record expunged, I suggest you contact a lawyer who is licensed to practice law in Ohio.
In Feb 2007 I was charged with possession of cocaine (less than 3grams) and DUI for refusing the breathylizer. There were also 2 smaller charges that were dropped but these two were put together as one and I was adjudicated guilty for the both. Can I have either of them expunged?
Attorney Chapman's response:
If you have ever been adjudicated guilty of any crime at all, you are not legally eligible to have your criminal history record either sealed or expunged in Florida.
my daughter was arrested for stealing and got a misdemeanor she is thirteen will it be expunge?
Attorney Chapman's response:
If she was not adjudicated delinquent, she would be legally eligible to have her record sealed.
I know a person that has 2 counts of 1st degree homicide solicitation and conspiracy. They pled guilty and did 10 year probation. Can that person have their record seal or expunge?
Attorney Chapman's response:
No. See Florida statute sections 943.059 and 907.041.