You are eligible to have your criminal record sealed or expunged if…
- The criminal charges against you were dropped (nolle prossed) by the prosecutor’s office prior to trial; or
- The Court dismissed the criminal charges against you prior to trial; or
- You were acquitted (found not guilty) at trial.
You are not eligible to seal or expunge your criminal record if…
- The court or jury found you guilty of committing the criminal charge; or
- You pled guilty or nolo contender to the criminal charge.
You could be eligible to seal or expunge your criminal record if adjudication was withheld…
If you received a Withhold of Adjudication from the court for any of the following criminal charges, you will be ineligible to seal or expunge your criminal record…
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 or 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
Other Offense that will disqualify you from sealing or expunging yourcriminal arrest record if you have a Withhold of Adjudication:
- S.393.135, F.S. Sexual misconduct with developmentally disabled person and related offenses
- S.394.4593, F.S. Sexual misconduct with mentally ill person and related offenses
- S.787.025, F.S. Luring or enticing a child
- Chapter 794, F.S. Sexual Battery and related offense
- 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 defined in s.817.034, F.S.)
- S.825.1025, F.S. Lewd or lascivious offense upon or in presence of elderly person or disabled adult
- 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, 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 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.
If you have any questions as to whether you qualify to seal or expunge your criminal arrest record, please call us for a free consultation at (305) 600-5924 or contact us via email at jrkovan@gmail.com.