Reasons for Denial
Pursuant to
Sections 943.0585 and
943.059, Florida Statutes (F.S.), an application for a Certificate of Eligibility to seal or expunge a criminal history record will be denied under any of the following circumstances:
- The criminal history record reflects you have been adjudicated guilty, as an adult, of a criminal offense or comparable ordinance violation. If applicable, the criminal history record reflects you have been adjudicated delinquent for committing any felony or a misdemeanor specified in Section 943.051(3)(b), F.S. Certain driving violations are classified as criminal, such as driving under the influence, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.
- The criminal history record reflects you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains..
- The criminal history record reflects you have received a prior sealing or expungement of a criminal history record under Section 943.0585, Section 943.059, former Section 893.14, former Section 901.33 or former Section 943.058, F.S. NOTE: A sealing or expungement obtained under any other parts of the law, not listed here, will not count as a “prior” order.
- The criminal history record to which the application pertains relates to a violation of Section 393.135, Section 394.4593, Section 787.025, Chapter 794, Section 796.03, Section 800.04, Section 810.14, Section 817.034, Section 825.1025, Section 827.071, Chapter 839, Statute 847.0133, Statute 847.0135, Statute 847.0145, Statute 893.135, Statute 916.1075, a violation enumerated pursuant to Statute 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to Statute 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, where the defendant was found guilty of, or pled guilty or nolo contendere to any such offense, or that the defendant as a minor, was found to have committed, or pled guilty or nolo contendere to committing, such an offense as a delinquent act, without regard to whether adjudication was withheld.
Disqualifying Charges for Sealing/Expungement
Except for certain specified offenses, the record of an arrest may be sealed when adjudication is withheld, if otherwise eligible. The offenses which may not be sealed (or expunged even if previously sealed for 10 years) when (i.e., even if) adjudication is withheld under current law are:
Offenses listed in Section 943.0584, Florida Statutes
(a) Sexual misconduct, as defined in s. 393.135, s. 3457 394.4593, or s. 916.1075;
(b) Illegal use of explosives, as defined in chapter 552;
(c) Terrorism, as defined in s. 775.30;
(d) Murder, as defined in s. 782.04, s. 782.065, or s. 782.09;
(e) Manslaughter or homicide, as defined in s. 782.07, s. 3463 782.071, or s. 782.072;
(f) Assault or battery, as defined in ss. 784.011 and 784.03, respectively, of one family or household member by another family or household member, as defined in s. 741.28(3);
(g) Aggravated assault, as defined in s. 784.021;
(h) Felony battery, domestic battery by strangulation, or aggravated battery, as defined in s. 784.03, s. 784.041, and s. 784.045, respectively;
(i) Stalking or aggravated stalking, as defined in s. 784.048;
(j) Luring or enticing a child, as defined in s. 787.025;
(k) Human trafficking, as defined in s. 787.06;
(l) Kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02;
(m) Any offense defined in chapter 794;
(n) Procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03;
(o) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04;
(p) Arson, as defined in s. 806.01;
(q) Burglary of a dwelling, as defined in s. 810.02;
(r) Voyeurism or video voyeurism, as defined in s. 810.14 and s. 810.145, respectively;
(s) Robbery or robbery by sudden snatching, as defined in s. 812.13 and s. 812.131, respectively;
(t) Carjacking, as defined in s. 812.133;
(u) Home-invasion robbery, as defined in s. 812.135;
(v) A violation of the Florida Communications Fraud Act, as provided in s. 817.034;
(w) Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102;
(x) Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025;
(y) Child abuse or aggravated child abuse, as defined in s. 827.03;
(z) Sexual performance by a child, as defined in s. 827.071;
(aa) Any offense defined in chapter 839;
(bb) Certain acts in connection with obscenity, as defined in s. 847.0133;
(cc) Any offense defined in s. 847.0135;
(dd) Selling or buying of minors, as defined in s. 847.0145;
(ee) Aircraft piracy, as defined in s. 860.16;
(ff) Manufacturing a controlled substance in violation of chapter 893;
(gg) Drug trafficking, as defined in s. 893.135; or
(hh) Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, or sexual offender pursuant to s. 943.0435, without regard to whether that offense alone is sufficient to require such registration.
All references are from Florida Statutes