Exceptions - When Your Florida Criminal Records Cannot Be Sealed or Expunged

There are no exceptions to expungement, no matter the original offence or charge, a Florida criminal record can be expunged as long as the case was dropped, dismissed, not filed, or you were found not guilty.

That is not the same for sealing a criminal record in Florida. That is one of the main differences between sealing and expungement. Under certain circumstances even if you were found “guilty” of an offense, you may apply to have that record sealed. Judges issue what is called an Adjudication. An Adjudication of “Guilty” means you have been found guilty of the crime of which you were charged, and you have been convicted of that crime. Convictions cannot be expunged or sealed under any circumstance. However, sometimes a Judge “”withholds adjudication” When a Judge “withholds adjudication” you are still found guilty of the offense, but you are not convicted. You may be required to be on probation, or do community service. Florida criminal arrest records that resulted in “Adjudication withheld” may be eligible to be sealed, with the following exceptions.

Crimes for which Florida criminal records cannot be sealed regardless if you received a “withhold of adjudication.”

• Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
• Act of Domestic Violence
• Act of Terrorism
• Aggravated Assault
• Aggravated Battery
• Aircraft Piracy
• Arson
• Burglary of a dwelling
• Carjacking
• Child abuse or aggravated child abuse
• Computer pornography (child related)
• Drug Trafficking (Trafficking in Controlled Substances)
• Giving/showing/transmitting/loaning obscene materials to a minor
• Fraud
• Homicide
• Home invasion robbery
• Illegal use of explosives
• Kidnapping
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16
• Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
• Luring or Enticing a Child
• Manslaughter
• Offenses by public officers and employees
• Procuring person under 18 years of age for prostitution
• Robbery
• Selling or buying of minors
• Sexual Performance by a child
• Sexual Battery and related offense
• Sexual misconduct with mentally deficient or mentally ill defendant and related offenses.
• 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
• Stalking and aggravated stalking
• Violation of any offense qualifying for registration as a sexual predator or for registration as a sexual offender.
• Violations of Pretrial detention or release
• Violations of the Florida Communications Fraud Act 
• Attempting or conspiring to commit any of the above crimes

Please contact our law office at 1-877-505-6333 or email us at criminal expunge and seal  if you need to expunge a Florida felony record, or any Florida criminal record.