In Florida, many people seek to seal or expunge their criminal records to move forward with their lives — whether for employment, housing, or peace of mind. However, not all offenses are eligible for sealing under Florida law. Some crimes are strictly prohibited from being sealed, regardless of the outcome of the case or how long ago it occurred.
If you’re considering sealing your record, it’s important to understand the list of disqualifying offenses and where they’re found in the Florida Statutes.
What Does It Mean to "Seal" a Record in Florida?
Sealing a criminal record under § 943.059, Fla. Stat. means that the public no longer has access to the record. However, certain government agencies will still be able to view it. Sealing is available only if you have never been adjudicated guilty, and your offense is not on the prohibited list.
Offenses That Cannot Be Sealed in Florida
Under § 943.059 and § 907.041, the following charges cannot be sealed — even if you received a withhold of adjudication:
Disqualifying Offenses (Non-Exhaustive List):
- Sexual misconduct with a disabled person
- Luring or enticing a child
- Human trafficking
- Aggravated assault or aggravated battery
- Child abuse or neglect
- Sexual battery
- Lewd or lascivious offenses committed upon or in the presence of persons under 16
- Offenses by public employees involving trust
- E.g., Bribery, misuse of public office, etc.
- Domestic violence (if charged under specific statutes)
- This includes stalking, assault, or battery in a domestic context.
- Drug trafficking
- Acts of terrorism or attempts to commit terrorism
- Any offense requiring registration as a sexual offender or predator
- Any attempt, solicitation, or conspiracy to commit any of the above crimes
Where to Find the Full List
The complete list of disqualifying offenses is available in:
If your charge appears on these lists, sealing may not be an option unless the law changes.
Talk to a Criminal Defense Lawyer Before You Apply
Because Florida law is very strict about which offenses qualify, you should speak to an experienced criminal defense attorney before you file your application to seal or expunge your record. Mistakes in the process can cost you time, money, and even your eligibility.
We offer case reviews and can help you determine whether you qualify — and what options may still be available to you.
Need Help Sealing Your Record?
Call us today to schedule a confidential consultation and take the first step toward clearing your name.