ELIGIBILITY TO SEAL OR EXPUNGE A CRIMINAL RECORD
You are eligible to have your criminal record sealed or expunged if….
The criminal charges against you were dropped (nolle prossed) by the prosecutor’s office prior to trial; or
The Court dismissed the criminal charges against you prior to trial; or
You were acquitted (found not guilty) at trial.
You are not eligible to seal or expunge your criminal record if….
The court or jury found you guilty of committing the criminal charge; or
You pled guilty or nolo contendre to the criminal charge.
You could be eligible to seal or expunge your criminal record if adjudication was withheld….
If you received a Withhold of Adjudication from the court for any of the following criminal charges, you will be ineligible to seal or expunge your criminal record….
Offenses listed in S.907.041, F.S.
- 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
- Sexual Battery
- Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
- 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
- Burglary of a dwelling
- Stalking or Aggravated Stalking
- Act of Domestic Violence, as defined in s.741.28
- Home-invasion Robbery
- Act of Terrorism as defined by s.775.30
- Manufacturing any substances in violation of chapter 893
- Attempting or conspiring to commit any of the above crimes
Other Offense that will disqualify you from sealing or expunging your criminal arrest record if you have a Withhold of Adjudication:
S.393.135, F.S. Sexual misconduct with developmentally disabled person and related offenses
S.394.4593, F.S. Sexual misconduct with mentally ill person and related offenses
S.787.025, F.S. Luring or enticing a child
Chapter 794, F.S. Sexual Battery and related offense
S.796.03, F.S. Procuring person under 18 for prostitution
S.800.04, F.S. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
S.810.14, F.S. Voyeurism S.817.034, F.S. Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as defined in s.817.034, F.S.)
S.825.1025, F.S. Lewd or lascivious offense upon or in presence of elderly person or disabled adult
S.827.071, F.S. Sexual performance by a child
Chapter 839, F.S. Offenses by Public Officers and Employees
S.847.0133, F.S. Showing, etc., obscene literature to minor
S.847.0135, F.S. Computer pornography
S.847.0145, F.S. Selling or buying of minors
S.893.135, F.S. Trafficking in controlled substances
S.916.1075 Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435.
If you have any questions as to whether you qualify to seal or expunge your criminal arrest record, please call us for a free consultation at
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