1. PROBLEM CRIMES (Even if you received a withhold of adjudication) Do you qualify?
Below is a list of the crimes which you may not be sealed even if you received a withhold of adjudication.
The crimes listed below however CAN BE EXPUNGED if you were found not guilty, the charges were dismissed,
or you were never formally charged. Simply put, if you took a plea to or were found guilty of any of the
crimes listed below, you are out of luck and cannot seal or expunge them.
Crimes you may not seal or expunge if you were found guilty or took a plea to (even if you received a withhold of adjudication):
- Luring or Enticing a Child - F.S. 787.025
- Sexual Battery and related offense - Chapter 794
- Procuring person under 18 for prostitution - F.S. 796.03
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age - F.S. 800.04
- Voyeurism – F.S. 810.14
- Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult - F.S. 825.1025
- Sexual Performance by a child - F.S. 827.071
- 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 F.S. 775.21 or for registration as a sexual offender under F.S. 943.0435.
- Offenses by public officers and employees - Chapter 839
- Giving/showing/transmitting/loaning obscene materials to a minor - F.S. 847.0133
- Computer pornography(child related) - F.S. 847.0135
- Selling or buying of minors - F.S. 847.0145
- Drug Trafficking (Trafficking in Controlled Substances) - F.S. 893.135 (This does not include possession)
- Violations of Pretrial detention or release - F.S. 907.041
- Arson - F.S. 806.01
- Aggravated Assault - F.S. 784.021
- Aggravated Battery - F.S. 784.045
- Illegal use of explosives - F.S. 790.001
- Child abuse or aggravated child abuse- Chapter 827
- Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft Piracy
- Kidnapping - Chapter 787
- Homicide - Chapter 782
- Manslaughter - F.S. 782.07
- Robbery - F.S. 812.13
- Carjacking - F.S. 812.133
- 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 - F.S. 827.071
- Burglary of a dwelling - F.S. 810.02
- Stalking and aggravated stalking - F.S. 784.048
- Act of Domestice Violence as defined in F.S. 741.28
- Home invasion robbery - F.S. 812.135
- Act of terrorism as defined by F.S. 775.30
- Attempting or conspiring to committ any of the above crimes
2. SITUATIONS WHERE YOU HAVE TO DIVULGE THAT YOU SEALED OR EXPUNGED YOUR RECORD. The Good, The Bad, and The Ugly...
THE GOOD: This is why most people choose to seal or expunge a record. The sealing or expunging of your record REMOVES THOSE CRIMINAL RECORDS FROM PUBLIC VIEW AND ACCESS. The sealed or expunged record is available only to the person who is the subject of the record, his attorney, respective law enforcement agencies for their respective criminal justice purposes, and to those listed below in the "ugly" section. It is also a misdemeanor for anyone that has access to your record to divulge that your record has been sealed or expunged. Furthermore, Florida law allows a person who has sealed or expunged their record to LAWFULLY DENY or FAIL TO ACKNOWLEDGE the arrests covered by the sealed or expunged record.
THE BAD: There are certain situations where you do have a legal obligation to divulge that you have had a record sealed or expunged. A person has a legal duty to divulge that they have had a record sealed or expunged if the person:
- Is a candidate for employment with a criminal justice agency;
- Is a defendant in a criminal prosecution;
- Concurrently or subsequently petitions for relief under section 943.0585 or section 943.059;
- Is a candidate for admission to The Florida Bar;
- Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in Florida Statutes: s. 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and (13) s. 985.407, or chapter 400; or
- Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school or any local governmental entity that licenses child care facilities.
- Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history background check under state or federal law; or
- Is seeking authorization from a Florida seaport identified in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12 or s. 311.125.
When the record is expunged the agency will only receive the subject's demographic information and a caveat statement stating that criminal history information has been expunged, but will be unable to receive the details.
THE UGLY: The ugly is not so ugly. If you apply for licensing or employment by any of the entities mentioned above, your record is subject to disclosure and is not protected. It is however illegal for anyone who your record is disclosed to to disclose information about your record to anyone except you or to anyone having direct employment or licensing decisions. |
