Expungement of Criminal Records - State: Florida (FL)

If you seal or expunge your criminal history record sealed under Florida law, you may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when you are:

1. Applying for employment with a criminal justice agency;

2. A defendant in a criminal prosecution;

3. Petitioning for relief under s.943.0585 or s.943.059, in other words, if you're applying to seal or expunge ANOTHER arrest record, you must tell them about this sealed record;

4. Applying for admission to The Florida Bar;

5. Seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;

6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

7. Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.

8. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

You will not be eligible to have your record sealed or expunged even if you received a withhold of adjudication after entering a plea to or being found guilty of any of the following offenses:

    Aggravated Assault;
    Aggravated Battery;
    Illegal use of explosives;
    Child abuse or Aggravated Child Abuse;
    Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
    Aircraft piracy;
    Sexual Battery;
    Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;
    Sexual activity with a child who is 12 years of age or older but less than 18 years of age by or at the solicitation of a person in familial or custodial authority;
    Burglary of a dwelling;
    Stalking or Aggravated Stalking;
    Act of Domestic Violence
    Home-invasion Robbery;
    Act of Terrorism
    Manufacturing any substances in violation of Chapter 893
    Attempting or conspiring to commit any of the above crimes.