Reasons for Denial

Pursuant to Section 943.0585 and Section 943.059, Florida Statutes, an application for a Certificate of Eligibility to expunge or seal a criminal history record will be denied under any of the following circumstances:

  1. The criminal history record reflects that you have been adjudicated guilty, as an adult, of a criminal offense or comparable ordinance violation. If applicable, that you have been adjudicated delinquent for committing any felony or a misdemeanor specified in Section 943.051(3)(b), Florida Statutes. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.

  2. The criminal history record reflects that 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.

  3. The criminal history record reflects that 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. NOTE:  A sealing or expungement obtained under any other parts of the law, not listed here, will not count as a “prior” order.

  4. The criminal history record to which the application pertains relates to a violation of Section 393.135, Section 394.4593, Section 787.025, chapter 794Section 796.03Section 800.04, Section 810.14, Section 817.034, Section 825.1025, Section 827.071, chapter 839, Section 847.0133, Section 847.0135, Section 847.0145, Section 893.135, Section 916.1075 a violation enumerated in Section 907.041, or a violation of any offense qualifying for registration as a sexual predator under Section 775.21 or for registration as a sexual offender under Section 943.0435, F.S., with a finding of guilt (or delinquency), or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld). NOTE:  This listing of criminal offenses is subject to change by legislative amendment.  A withholding of adjudication has no effect on eligibility to expunge or seal the record of a different arrest.

  5. The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction.

  6. The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.

  7. [For expungement only] The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication. If no other disqualification applies, the record would be eligible to be sealed.


Disqualifying Charges for Expunction/Sealing

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 907.041, Florida Statutes
  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. Act of Domestic Violence as defined in Section 741.28 F.S.
  19. Home-invasion Robbery
  20. Act of Terrorism as defined by Section 775.30 F.S.
  21. Manufacturing any substances in violation of chapter 893
  22. Attempting or conspiring to commit any of the above crimes

Section 393.135, F.S.

Sexual misconduct with developmentally disabled person and related offenses

Section 394.4593, F.S.

Sexual misconduct with mental health patient and related offenses

Section 787.025, F.S.

Luring or enticing a child

Chapter 794, F.S.

Sexual Battery and related offenses

Former Section 796.03, F.S.

Procuring person under 18 for prostitution

Section 800.04, F.S.

Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

Section 810.14, F.S.

Voyeurism

Section 817.034, F.S.

Florida Communication Fraud Act
(Scheme to Defraud or Organized Fraud, as used in Section 817.034(d), F.S.)

Section 825.1025, F.S.

Lewd or lascivious offense upon or in presence of elderly person or disabled person

Section 827.071, F.S.

Sexual performance by a child

Chapter 839, F.S.

Offenses By Public Officers and Employees.

Section 847.0133, F.S.

Showing, selling, etc., obscene literature to minor

Section 847.0135, F.S.

Computer pornography

Section 847.0145, F.S.

Selling or buying of minors

Section 893.135, F.S.

Trafficking in controlled substances

Section 916.1075, F.S.

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 Section 775.21 or for registration as a sexual offender under Section 943.0435, F.S.


All references are from Florida Statutes

**The disqualifying charges listed above are #4 on Reasons for Denial.**