What Crimes Cannot Be Expunged or Sealed in Florida?
Although Florida law allows many eligible individuals to seal or expunge certain criminal records, not every offense qualifies. The Florida Legislature has identified specific crimes that are ineligible for record sealing or expungement, regardless of the outcome of the case.
Understanding whether your offense is eligible is an important first step before beginning the application process.
Are All Criminal Offenses Eligible?
No.
Florida law specifically excludes certain offenses from record sealing and expungement.
Many of these offenses involve:
- Violent crimes
- Sexual offenses
- Crimes involving children
- Domestic violence offenses
- Certain serious felony offenses
- Other offenses designated by Florida law
Whether an offense qualifies depends on the applicable statutes and the disposition of the case.
Why Are Some Crimes Ineligible?
Florida lawmakers determined that certain criminal offenses should remain available through public records because of their seriousness or the public interest involved.
As a result, some offenses cannot be sealed or expunged even if the individual otherwise satisfies many of the eligibility requirements.
Where Can I Find the Official List?
The complete eligibility requirements and statutory exclusions are established under Florida law.
You can review the current Florida statutes here:
Florida Statutes – Court-Ordered Criminal History Record Expungement (F.S. 943.0585)
Florida Statutes – Court-Ordered Criminal History Record Sealing (F.S. 943.059)
The Florida Department of Law Enforcement (FDLE) also provides information regarding the Certificate of Eligibility and the expungement and record sealing process:
https://www.fdle.state.fl.us/Seal-and-Expunge-Process
Does an Ineligible Charge Mean I Have No Options?
Not necessarily.
Even if a particular offense cannot be sealed or expunged, the specific facts of your case, the disposition of the charges, and your criminal history should still be carefully reviewed.
Understanding your record and how Florida law applies to your circumstances is an important step in evaluating your legal options.
Every Case Should Be Reviewed Individually
Eligibility for record sealing or expungement depends upon much more than the name of the criminal charge.
The disposition of the case, prior criminal history, and the applicable Florida statutes all play an important role in determining whether a person qualifies.
Reviewing your criminal record carefully is the best way to determine whether record sealing or expungement may be available.
Work Directly With Attorney Ron Baum
If you are facing criminal charges or have questions about your legal rights, obtaining experienced legal guidance early can make an important difference.
For more than 30 years, Attorney Ron Baum has worked directly with clients throughout Broward County, explaining the legal process, carefully reviewing the facts of each case, and developing a defense strategy based on each client’s individual circumstances.
Attorney Ron Baum offers free consultations and is available to discuss your case, answer your questions, and explain your legal options.
FREE CONSULTATION
Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.