Ronald Chapman: West Palm Beach Criminal Lawyer | Florida Criminal Attorney: DUI, Assault & Battery, Felonies | Criminal Law Firm

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.

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People frequently call my office asking whether they can get their criminal record sealed.  One of the first questions I ask them is whether they have ever been adjudicated guilty of any criminal offense (as opposed to adjudication having been withheld), even for something like reckless driving or DUI.  Many do not know the answer to this question. 

The reason why this is so important is because Florida law does not permit someone to have her criminal record sealed if she has ever been adjudicated guilty of a criminal offense, even for traffic offenses such as DUI or reckless driving.  See Florida statute section 943.059.

So, for example, if someone is trying to get her record for aggravated battery sealed but she was previously adjudicated guilty of reckless driving, then she is not eligible for a sealing.  In fact, the Florida Department of Law Enforcement website states that "[c]ertain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked."

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I often receive telephone calls from people asking if I can help them get their criminal record expunged.  I ask them if they are eligible to have their criminal record expunged or merely sealed.  The response is usually silence since most people do not realize that there is a distinction in Florida law between getting one's criminal record expunged versus getting it sealed.  If a criminal record is expunged, then it must be physically destroyed pursuant to Florida statute section 943.0585(4).  However, if a criminal record is merely sealed, then it is not physically destroyed but its contents are still confidential under most circumstances.  See Florida statute section 943.059(4).  Once a criminal record has been sealed for at least 10 years, it may then be possible to have it expunged.  See Florida statute section 943.0585(2)(h). 

Florida criminal lawyer Ronald Chapman has helped many people get their criminal records sealed or expunged. You can read more about Mr. Chapman’s experience as a Florida criminal attorney as well as review news articles about some of his cases. Some of the types of cases and issues that Mr. Chapman has handled include:

• Death Penalty Cases
• Assault and Battery Cases
• DUI Cases
• Drug Cases
• Sex Crimes Cases
• Sealing & Expunging Criminal Records
• Bond|Bail
• Mistaken Identification and Wrongful Conviction
• Police Interrogations
• Sentencing

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 I frequently receive telephone calls from people stating that they need to get their Florida criminal record sealed or expunged because it keeps rearing its ugly head whenever they apply for jobs.  I ask them what type of work they do because some jobs require that they disclose their criminal record even though it has been sealed or expunged.  For instance, if the person is trying to get hired by a criminal justice agency or is attempting to be admitted to the Florida Bar, she is required to report her criminal even if her record has been sealed or expunged.  The same is true in some situations for  individuals who hope to work in Florida with children, the developmentally disabled, or the elderly.  (If you would like to learn more about the effects of expunging a Florida criminal record, take a look at Florida Statute section 943.0585(4).)  The point is that even if your are legally eligible to get Florida criminal record sealed or expunged, getting your Florida record sealed or expunged may not help you much if you work in certain types of occupations.

Florida criminal lawyer Ronald Chapman has extensive experience in helping people get their criminal records sealed. You can read more about Mr. Chapman’s experience as well as review news articles about some of his cases.  Some of the types of cases and issues that Mr. Chapman has handled since 1990 include:

• Death Penalty Cases
• Assault and Battery Cases
• DUI Cases
• Drug Cases
• Sex Crimes Cases
• Sealing & Expunging Criminal Records
• Bond|Bail
• Mistaken Identification and Wrongful Conviction
• Police Interrogations
• Sentencing

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I often get phone calls from people asking me if they can get their criminal record sealed or expunged in Florida because they are having trouble getting a job once their potential employer finds out about their record.  In order for me answer their question, I first have to get some information from them such as whether they were adjudicated guilty of the Florida criminal charge that they are calling about.  If the answer is yes, then they cannot get their Florida criminal record sealed or expunged.  If the answer is no, then I ask them whether they have ever before had a criminal record sealed or expunged.  If the answer is yes, then they cannot get their Florida record sealed or expunged.  If the answer is no, they I ask them whether they currently have a motion to seal or expunge their record pending in any court anywhere.  If the answer is yes, then they cannot get their Florida record sealed or expunged.  If the answer is no, then they may be eligible to have their Florida criminal record sealed or expunged.  As you can see, the rules for getting a criminal record sealed or expunged in Florida are quite stringent.  If you wish to review for yourself the rules regarding sealing or expunging your record, read Florida Statute Section 943.0585.  If you think you are eligible to get your Florida record sealed or expunged and you wish to have that done, contact an experienced Florida sealing record lawyer so that he or she can file the necessary paperwork to get your record sealed or expunged.

Florida criminal lawyer Ronald Chapman has extensive experience helping people get their criminal records sealed. You can read more about Mr. Chapman’s experience as well as review news articles about some of his cases.  Some of the types of cases and issues that Mr. Chapman has handled since 1990 include:

• Death Penalty Cases
• Assault and Battery Cases
• DUI Cases
• Drug Cases
• Sex Crimes Cases
• Sealing & Expunging Criminal Records
• Bond|Bail
• Mistaken Identification and Wrongful Conviction
• Police Interrogations
• Sentencing

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• Comments
• Trackbacks