Which Florida Crimes Do Not Qualify To Be Sealed?

The State of Florida allows you to seal or expunge most types of criminal charges if you meet the criteria. However, there are certain types of crimes that cannot be sealed even if you were not convicted for the offense. That is, if you took a plea or pled guilty to the offense and even if you were not convicted (adjudicated guilty) the case can’t be sealed.

LIST OF CRIMES (EXCEPTION CRIMES) THAT CANNOT BE SEALED OR EXPUNGED IN THE STATE OF FLORIDA.

If you took a plea to the charge or were found guilty after a trial. They may be able to be sealed if you were found not guilty after a trial or they may be able to be expunged if the charges were dropped, dismissed, or never filed by the State Attorney.

Remember, any criminal offense is eligible to be expunged if that case was dismissed, dropped or never filed by the state attorney. If you were found NOT GUILTY by a jury or a judge, the case may be eligible to be sealed only.

However, the list of offenses listed below are offenses that can’t be SEALED if you took a plea to the offense or you were found guilty by a judge or a jury. 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 can’t seal or expunge the case.

As a glimmer of hope, there may be one last chance. Go to our “Overturning (Vacate) a Conviction” page for more information

EXCEPTION CRIMES LIST

  • 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 Domestic 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
  • Manufacturing any substances in violation of chapter 893
  • Attempting or conspiring to commit any of the above crimes