Eric J. Dirga, P.A., Criminal Traffic Defense, Telephone 407-841-5555

Prohibited Offenses

What Cannot Be Sealed Expunged In Florida

Why You Can't Seal Or Expunge That Criminal Record In Florida

Last Updated: January 12, 2015

The FDLE has a comprehensive list of what can and cannot be sealed under the Florida Sealing Statute (section 943.059, Florida Statutes). This is where you should look to be absolutely convinced.

FDLE: CASES THAT CANNOT BE SEALED

Why You Cannot Have Your Record Sealed Or Expunged

Here is a quick list of why, despite all your desires, you cannot seal or expunge your Florida criminal record:

  • You have been convicted of a criminal offense (anywhere).
  • You have already sealed or expunged a criminal record in Florida.
  • FOR EXPUNGEMENT: Your case was not dropped/dismissed.
  • FOR SEALING: Your case resulted in a withhold but is prohibited by statute (see FDLE link above).

You Have A Prior Conviction

Under Florida law any conviction for a criminal offense bars you from ever sealing or expunging a criminal record (except if you were the victim of human trafficking). Let me repeat this - IF YOU WERE EVER CONVICTION OF A CRIMINAL OFFENSE = not eligible. Be careful, in Florida being found guilty does not mean you were necessarily convicted. See the difference between a conviction and a withhold here.

You Already Have Sealed Or Expunged A Criminal Record IN FLORIDA

If you have previously sealed or expunged a criminal record in another state don't worry about it. Florida is only concerned with prior sealings or expungements in the state of Florida. If you have already had a criminal record sealed or expunged in Florida you cannot do it again. Florida allows only one sealing or expungement per lifetime. The only exception is if you have a qualified juvenile expungement done. Those do not count towards your one chance to seal or expunge a criminal record in Florida.

Expungement Means Your Case Was Dropped

You can expunge a case only if it was dropped or dismissed prior to a trial. If it was not then it will not qualify to be expunged. But see SEALING.

Sealing Means You Received a Withhold AND You Charge Is Not Prohibited

You received a withhold of adjudication and now you want to seal your criminal record. Under Florida Law you can do this so long as your case is not:

  • Robbery (any type of robbery)
  • Burglary of a Dwelling (only the Dwelling variant)
  • Aggravated Battery
  • Aggravated Assault
  • Scheme To Defraud
  • Sexual Battery
  • Lewd and Lascivious Act
  • (See FDLE link above for ALL prohibited acts because this is not all of them)

Remember: DROPPED CASES CAN BE EXPUNGED

Don't be confused by FDLE's website - any offense can be expunged if the case was dropped/dismissed and you otherwise qualify.

Think of it in these terms:

  • If your case was not dropped you may be able to seal it. Click on the link above to make sure it is not a prohibited offense. If it is on that list it cannot be sealed.
  • If your case was dropped (dismissed) then forget the link above - the only thing that we have to check is if you have ever been convicted of another offense.

Remember, Even a Murder Charge Is Eligible To Be Expunged If The Case Was Dropped (and you otherwise qualify)

I cannot emphasis this any more. Cases prohibited from being sealed are only prohibited because there was a finding of guilt in the case. If the case was dropped/dismissed then there was no finding of guilt and you would be seeking an expungement, not a sealing.

Do You Need An Attorney To Seal Or Expunge Your Record - Yes

You can try and do it on your own however I will suggest you hire someone that knows what they are doing. Go to my do you need an expungement attorney webpage for more informtaion.

If you found any information I have provided on this webpage helpful please click my Plus+1 button so that others may also find it.

Contact Us - Click Here