List of Disqualifying Offenses for Sealing a Criminal Arrest Record

If you entered a plea and were sentenced to any of the following offenses, even if the court withheld adjudication, you are not eligible to have your Florida record sealed:

• Sexual misconduct with a developmentally disabled or mentally ill person
• Luring or enticing a child
• Sexual Battery
• Procuring s person under age 18 for prostitution
• Lewd or lascivious act committed on or in the presence of child under 16
• Voyeurism
• Scheme to Defraud
• Lewd or Lascivious act committed on or in presence of elderly or disabled person
• Sexual performance by a child
• Offenses by public employees or officials
• Delivery of obscene material to a minor
• Computer pornography
• Selling or buying of minors for purposes of pornography
• Trafficking in a controlled substance; including trafficking in cannabis
• Sexual misconduct with mentally deficient of mentally ill

Additionally, the following enumerated offenses are not eligible to be sealed after a plea is entered:

• Any act of domestic violence
• Aggravated assault or battery
• Stalking or aggravated stalking
• Illegal use of explosives
• Child abuse or aggravated child abuse
• Abuse of an elderly or disabled adult (aggravated)
• Aircraft piracy
• Kidnapping
• Homicide
• Manslaughter
• Robbery
• Carjacking
• Lewd, lascivious assault in the presence of a child under 16 years
• Sexual activity with a minor over 12 or older but less than 18 by person in familial or custodial authority
• Burglary of a dwelling
• Home invasion robbery
• Act of terrorism
• Manufacturing any substance in violation of Chapter 893
• Attempting or conspiring to commit any above crimes

However, if your case was dismissed prior to trial, you may still be eligible to have your record expunged even if the offense is on this list.