Disqualifying Charges For Expungement or Sealing (Under Certain Circumstances)

Pursuant to Florida Statute 943.0585, Florida Statute 943.059 and Florida Statute 907.041, a request for a certificate of eligible for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following:

Offenses listed in S.907.041, F.S.
  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 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 person in familial or custodial authority;
  16. Burglary of a dwelling;
  17. Stalking and aggravated stalking;
  18. Act of domestic violence as defined in s. 741.28;
  19. Home invasion robbery;
  20. Act of terrorism as defined in s. 775.30;
  21. Manufacturing any substances in violation of chapter 893;
  22. Attempting or conspiring to commit any such crime; and
  23. Human trafficking.
S.393.135, F.S.
Sexual misconduct with developmentally disbaled 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.
Voyuerism
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
All references are from Florida Statues

Pursuant to Florida Statute 943.0585, Florida Statute 943.059 and Florida Statute 907.041, a request for a certificate of eligible for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following:

Offenses listed in S.907.041, F.S.
  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 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 person in familial or custodial authority;
  16. Burglary of a dwelling;
  17. Stalking and aggravated stalking;
  18. Act of domestic violence as defined in s. 741.28;
  19. Home invasion robbery;
  20. Act of terrorism as defined in s. 775.30;
  21. Manufacturing any substances in violation of chapter 893;
  22. Attempting or conspiring to commit any such crime; and
  23. Human trafficking.
S.393.135, F.S.
Sexual misconduct with developmentally disbaled 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.
Voyuerism
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
All references are from Florida Statues
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