Disqualifying Charges for Expunction/Sealing

A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt 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 the 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 a 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 by s. 775.30

  21. Attempting or conspiring to commit any of the above crimes

 

S.393.135, F.S.

Sexual misconduct with developmentally disabled person and related offenses

S.394.4593, F.S.

Sexual misconduct with mental health patient and related offenses

S.787.025, F.S.

Luring or enticing a child

Chapter 794, F.S.

  Sexual Battery and related offenses

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.817.034, F.S.

Florida Communication Fraud Act

(Scheme to Defraud or Organized Fraud, as used in s.817.034, F.S.)

S.825.1025, F.S.

Lewd or lascivious offense upon or in presence of elderly person or disabled person

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, selling, 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, F.S.

Sexual misconduct with mentally deficient or mentally ill defendant and related offenses

All references are from Florida Statutes

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