What Types of Crimes Cannot Be Expunged in Florida? Understanding Your Record Clearing Options

The ability to move past a criminal charge and secure a fresh start is one of the most important forms of relief Florida law offers. Sealing and expunging a criminal record can open doors to new jobs, better housing, and a brighter future. We understand that past mistakes shouldn’t haunt you forever.

For many Floridians, the legal process of record clearing seems confusing. This is especially true when trying to figure out if your specific charge is eligible. While Florida law provides pathways to expunge many different kinds of arrests and charges, it also draws a firm line. Certain serious offenses are legally barred from ever being expunged.

We know how vital it is to have clear, accurate information. With over 100 years of combined experience in Florida criminal defense, The Defense Group is committed to providing straightforward answers. We want you to understand the specific rules that apply to your case. Below, we outline the types of crimes that cannot be expunged in Florida, based on state statutes and established legal requirements.

The Difference Between Sealing and Expungement in Florida

Before looking at the ineligible crimes list, we should clarify the difference between sealing and expungement. People often use the terms interchangeably, but they are distinct legal remedies in Florida.

Sealing a criminal record means the information becomes confidential and is generally removed from public view. Certain governmental agencies, like law enforcement and state licensing boards, can still access a sealed record. You may still lawfully deny the arrest or charges in most private settings, such as job interviews. Sealing is typically an option when a court withholds adjudication of guilt.

Expungement provides a greater level of relief. An expunged record is legally destroyed or obliterated by criminal justice agencies as if the arrest never happened. However, a small, confidential file of the expunged record is retained by the Florida Department of Law Enforcement (FDLE). Expungement is usually reserved for cases that were dismissed or resulted in a not-guilty verdict.

Here is the key point: If a crime is on the ineligible list for sealing, it is also ineligible for expungement, regardless of whether adjudication was withheld or not.

What Makes a Crime Ineligible for Expungement?

In Florida, a criminal offense is typically ineligible for expungement if it is a severe crime of violence, a sex-related offense, or a serious drug crime. The complete list of disqualifying offenses is found primarily in Florida Statute § 943.0584.

It is crucial to remember that this disqualification applies even if a judge withheld adjudication. If you pled guilty or nolo contendere (no contest) to one of the crimes listed below, even without a formal conviction, you are likely ineligible to seal or expunge that record.

Disqualifying Crimes of Violence and Serious Felonies

Florida law bars expungement for a number of the most serious violent crimes and certain felonies. These crimes often involve serious physical harm or the threat of it.

Homicide and Violent Offenses

The law makes it clear that offenses related to death or severe injury cannot be expunged. These include, but are not limited to:

• Murder
• Manslaughter
• Kidnapping or False Imprisonment
• Aggravated Assault or Aggravated Battery
• Felony Battery
• Carjacking or Robbery

Crimes Against Property

Certain property crimes are also considered too serious for record expungement, particularly when a dwelling is involved.

• Arson
• Burglary of a Dwelling
• Home-Invasion Robbery

Acts of Domestic Violence

If the charge falls under the legal definition of an act of domestic violence, even a misdemeanor, it may be ineligible for sealing or expungement if adjudication was withheld. This includes domestic battery by strangulation. The law takes these family-related offenses extremely seriously.

Sex Offenses and Crimes Against Children

Florida has some of the strictest laws regarding sex crimes, and almost all are ineligible for expungement. The state prioritizes protecting vulnerable populations, making these records largely permanent.

• Sexual Battery and any related offense under Chapter 794 of the Florida Statutes.
• Lewd or Lascivious Offenses committed upon or in the presence of a person under 16 years of age.
• Child Abuse or Aggravated Child Abuse.
• Sexual Performance by a Child offenses.
• Any violation that requires registration as a Sexual Offender or Predator.

Serious Drug and Fraud Crimes

While many minor drug charges may qualify for expungement, certain serious offenses involving controlled substances do not.

• Drug Trafficking offenses.
• Manufacturing certain controlled substances.

Additionally, certain complex financial crimes are also on the disqualifying list:

• Violations of the Florida Communications Fraud Act (Scheme to Defraud or Organized Fraud).

What If My Case Was Dismissed?

It is easy to become discouraged when reading the long list of ineligible crimes. But if your case was dismissed, you were acquitted (found not guilty), or a prosecutor never filed charges against you, you may still qualify for expungement.

The list of ineligible crimes discussed above primarily applies when a judge has withheld adjudication of guilt or when you have been adjudicated guilty of a crime. If the case ended in a favorable outcome, such as a full dismissal, the path to expungement is much more open, regardless of the original charge.

We meticulously review every detail of your case’s final disposition. Was the charge dropped? Did you complete a pre-trial diversion program? These details are critical to determining your eligibility and deciding the best course of action.

We Can Determine Your True Eligibility and Guide You

The Florida statutes governing sealing and expungement are intricate and unforgiving of mistakes. A single error on your application can lead to a denial that may prevent you from ever clearing your record.

Do not try to interpret these complex laws alone. The Defense Group is here to help you navigate this process. Our team has built our practice on a foundation of over 100 years of combined experience in Florida criminal defense, and we know these statutes inside and out. We examine the exact nature of your charge, the final court disposition, and your entire criminal history to give you a clear, honest assessment of your options. We treat your need for a clean record with the urgency it deserves.

Take the Next Step Toward Your Future: Contact Our Firm

If you are a potential client in Florida, you deserve to know if your criminal history can be cleared. We offer free consultations to discuss your case details privately and professionally. This is your chance to get clear answers without commitment.

Call us today at 407-743-8430 or visit our website to schedule your consultation. Let The Defense Group put our decades of legal experience to work for you as you seek to secure your clean slate. We stand ready to fight for your future.