Are all criminal history records (i.e., arrest records) capable of being expunged or sealed?
No. The first condition which may disqualify a person from receiving an expungement or sealing is if they’ve ever been convicted (i.e., adjudicated guilty) of any criminal offense or comparable ordinance violation in the State of Florida.
This is true even if there exist other cases whose disposition involved a dismissal, acquittal, abandonment, nolle prosequi, PTD, PTI, or no action.
- Remember: If convicted (i.e., adjudicated guilty) then cannot expunge or seal.
- In addition to never having been convicted in Florida, there are certain criminal offenses (i.e., “Dangerous Crimes”) which may not be expunged or sealed even if the disposition involved a Withhold of Adjudication. (See below for list)
- In other words, unless the person’s criminal charges were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or the person was acquitted (i.e., found not guilty or innocent), by pleading no contest (i.e., nolo contendere) or pleading guilty to any statutorily enumerated (or related) offense, the statute prevents that record from being expunged or sealed.
For your convenience, below is a list containing all of the enumerated offenses which the Florida Statute prohibits from expungement or sealing given the above analysis.