Sealing a Criminal Record in Florida
To determine if your Florida criminal record can be sealed, you must answer a series of questions.
1. Were you adjudicated guilty of the offense that you would like to have sealed?
- Note: In order to have your record sealed, you must have (a) received a withhold of adjudication or (b) were found not guilty of the offense that you would like to have sealed.
2. Did you plea guilty or no contest to any of the disqualifying offenses listed below?
3. Have you been (a) convicted of ANY criminal offense as an adult or (b) adjudicated delinquent as a juvenile?
4. Are you on probation, parole, or under any other type of supervision?
5. Do you have any outstanding restitution, fines, or court costs?
6. Have you ever had your criminal record sealed or expunged before in any state?
-Note: The law has recently changed. If you have had a record sealed or expunged in another state, you may still be able to seal or expunge your record in Florida. Read Can I Seal or Expunge My Florida Record if I Have a Prior Seal or Expunction?
If you answered “Yes” to any of the six questions above, you are not eligible to have your record sealed. Remember that answering these questions is merely a starting point and every case is different. In order to determine if your Florida criminal record can be sealed, you should consult with a Jacksonville Record Sealing Attorney.
Florida Record Seal Disqualifying Offenses under Florida Law:
- 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
- Sexual Battery
- 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
- Home-invasion Robbery
- Act of Terrorism
- Manufacturing any substances in violation of chapter 893
- Attempting or conspiring to commit any of the above crimes
- Sexual misconduct with developmentally disabled person and related offenses
- Sexual misconduct with mental health patient and related offenses
- Luring or enticing a child
- Sexual Battery and related offenses
- Procuring person under 18 for prostitution
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- Florida Communication Fraud Act/Scheme to Defraud or Organized Fraud
- Lewd or lascivious offense upon or in presence of elderly person or disabled person
- Sexual performance by a child
- Offenses By Public Officers and Employees.
- Showing, selling, etc., obscene literature to minor
- Computer pornography
- Selling or buying of minors
- Trafficking in controlled substances
- Sexual misconduct with mentally deficient or mentally ill defendant and related offenses
- A violation of any offense qualify for registration as a sexual predator or sexual offender.