As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person’s past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.
Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:
- Aggravated Assault
- Aggravated Battery
- Sex Crimes on a child under 16
- Robbery Illegal use of Explosives
- Child Abuse of any kind
- Abuse of the Elderly
- Domestic Battery
- Any Attempt at the above crimes
Unfortunately, the Criminal Offenses listed above cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one’s record, one must first apply for a Certificate of Eligibility. This criterion requires the submission of paperwork and records to the FDLE for either approval or denial.
The process of obtaining a Florida Record Seal or Expunction can become time consuming, complex, and burdensome. Therefore, the advise and assistance from a Jacksonville Criminal Defense Lawyer can make all the difference. I will discuss with you the process, answer any questions that may arise, and take care of the paperwork and legwork required to obtain a Florida Record Seal or Expunction for you. So, don’t delay call me today!!