In a large majority of situations, a person may be eligible to have their record sealed or expunged. There are several categories of offense that the State will not allow to be hidden away. They are as follows:
Offenses listed in S.907.041, F.S.
- Arson
- 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
- Kidnapping
- Homicide
- Manslaughter
- Sexual Battery
- Robbery
- Carjacking
- 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 and 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
S.393.135, F.S.
Sexual misconduct with developmentally disabled person and related offenses
S.394.4593, F.S.
Sexual misconduct with mental health patient and related offenses
S.787.025, F.S.
Luring or enticing a child
Chapter 794, F.S.
Sexual Battery and related offenses
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 used in s.817.034, F.S.)
S.825.1025, F.S.
Lewd or lascivious offense upon or in presence of elderly person or disabled person
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, selling, 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, 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 s.775.21 or for registration as a sexual offender under s.943.0435.
We can take a look at your case and determine before you have to commit financially, if you would qualify. There are several advantages to have a record sealed or expunged. The most obvious is that people searching for your past will have a much harder, if not impossible time finding the offense. Also, you will be allowed to, in many cases, deny that you were ever arrested.
If a prior charge was adjudicated guilty or if you have been through the sealing/expunge process before, you will not be eligible to have your record hidden.
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