In Florida, expungement and sealing of criminal records offer paths to a clearer future for many individuals. These legal remedies are often sought by Floridians aiming to remove the long-term impacts of past arrests or charges on their lives. While many offenses can be cleared, a significant paradox exists: certain charges are permanently ineligible for either expungement or sealing.
This article clarifies which specific offenses fall into this non-expungeable or non-sealable category under Florida law, offering guidance through this complex legal landscape.
Understanding Florida's Expungement and Sealing Laws
Before exploring the specific charges that remain permanently on a record, it's important to understand the fundamental differences between expungement and sealing. Florida's system of criminal record relief involves distinct mechanisms and produces different outcomes, primarily governed by Chapter 943 of the Florida Statutes.
A clear understanding of these nuances is key to grasping why some records are impossible to clear. It also helps in understanding how the criminal record expungement process works in general.
What is Expungement vs. Sealing?
Expungement involves the destruction and removal of a criminal record. When a record is expunged, individuals can lawfully deny the prior arrests or charges in most circumstances, effectively erasing the event as if it never occurred. This process offers the most comprehensive relief, making the record invisible to standard background checks.
Sealing, by contrast, restricts access to a criminal record but doesn't destroy it. While sealed records are hidden from public view, certain government agencies and employers in regulated industries can still access them for specific purposes. This means sealed records may still appear on some specialized background checks.
The distinction between expungement and sealing impacts background checks, public accessibility, and the legal fiction created for the individual. Expunged records generally don't appear on standard checks, while sealed records might still be visible to a limited set of entities. Both processes aim to provide relief, but expungement offers greater privacy and greater rights to deny access.
General Eligibility Requirements for Expungement and Sealing
Florida law establishes standard criteria that must generally be met for a charge to be considered for expungement or sealing. An individual can typically receive only one expungement or sealing in their lifetime, with limited exceptions. This "one-time only" rule is a significant factor in eligibility.
Given the significant "one-time only" rule, it's highly recommended to consult with an experienced attorney before initiating any petition for expungement or sealing. This ensures you verify eligibility and avoid inadvertently forfeiting your only opportunity for record relief.
Individuals can't petition for expungement or sealing if they're currently under prosecution or court supervision related to the charges they wish to clear. Furthermore, expungement requires that there was no prior adjudication of guilt for the offense. Charges with adjudication withheld may be sealable, though not expungeable, unless they're listed explicitly as ineligible for sealing.
The Core Issue: Why Some Charges Are Permanently Ineligible
Not all criminal records in Florida can be cleared. Florida's system of criminal record relief specifically excludes a carefully defined category of offenses that are permanently ineligible for expungement or sealing. These exclusions highlight the state's prioritization of public safety and the seriousness of certain crimes, setting the stage for understanding which charges remain on a record indefinitely.
Legislative Intent: Public Safety and Record Transparency
The decision to deem certain charges ineligible for expungement or sealing is rooted in public policy considerations. These exclusions are designed to protect the public from serious crimes. The legislative intent behind these laws aims to ensure that records of offenses deemed to pose a significant risk to community safety and well-being remain transparent and accessible.
This underlying philosophy acknowledges that some crimes are so severe that their permanent record serves a greater public interest. Transparency allows potential employers, licensing boards, and the public to be aware of a person's history, particularly in roles involving vulnerable populations or positions of trust. This helps balance an individual's right to a fresh start with the broader need for community protection.
Charges Ineligible for Both Expungement and Sealing
Florida Statute § 943.0584 lists offenses that are explicitly prohibited from ever being expunged or sealed, regardless of the outcome of the case. Any charge that appears on this statutory list of ineligible offenses can't be sealed or expunged, even if there was no conviction. This includes a broad range of serious felony and misdemeanor offenses.
Given the complexity of statutory language, identifying if a specific charge falls under Florida Statute § 943.0584 often requires a detailed review by an attorney. Consulting your original charge documents and cross-referencing with legal counsel is crucial for accurate determination.
Violent felonies are prominent among these exclusions. Examples include murder, manslaughter, kidnapping, and false imprisonment. Aggravated assault, felony battery, aggravated battery, and domestic battery by strangulation are also permanently ineligible for expungement and sealing under Florida law.
Crimes against children are also permanently ineligible for relief. This category encompasses offenses such as child abuse, aggravated child abuse, sexual performance by a child, procuring a minor for prostitution, luring or enticing a child, and human trafficking. Sexual offenses defined in Chapter 794 and certain lewd or lascivious offenses against minors, the elderly, or disabled persons are likewise excluded.
Charges designated as predicate offenses for sexual predator or sexual offender registration are ineligible for expungement or sealing, regardless of the individual's registration status. Serious property crimes also fall under this permanent prohibition. Examples include arson, burglary of a dwelling, and various robbery offenses. Additionally, serious drug offenses like drug trafficking and manufacturing controlled substances are permanently ineligible for expungement and sealing.
Charges Ineligible for Expungement (But Potentially Sealable)
A crucial distinction in Florida law is that while many convictions are ineligible for expungement, some may still be eligible for sealing. This provides a different, albeit more limited, form of record relief. It's important to remember that these charges can't be expunged, but the possibility of sealing remains for certain offenses.
Generally, a person adjudicated guilty of any felony or certain serious misdemeanors can't have that specific conviction expunged. Expungement is primarily reserved for cases in which charges were dropped, dismissed, or resulted in a "not guilty" verdict, or in which adjudication was withheld.
However, if that conviction isn't on the statutory list of charges ineligible for both expungement and sealing, and the individual meets all other general eligibility criteria, they might still be able to have it sealed. For example, some non-violent felonies or serious misdemeanors for which adjudication was withheld could be sealed. Florida law also mandates automatic sealing of criminal history records for charges not filed, dismissed, or resulting in not guilty verdicts, except for forcible felonies or sexual offenses.
Navigating Life with an Ineligible Criminal Record in Florida
For individuals whose criminal records can't be expunged or sealed, the practical realities of life can present significant challenges. Moving forward with a permanent record requires an understanding of its potential impacts on daily living and professional pursuits. It also involves exploring alternative pathways for managing these challenges.
Practical Implications for Employment, Housing, and Licensing
Individuals with ineligible criminal records often face significant practical challenges in employment, housing, and professional licensing because their records remain permanently visible. Background checks frequently conducted by private employers can significantly impact job opportunities. Many employers may refuse applicants with serious felony or sexual offense records, regardless of how long ago the offense occurred.
Housing discrimination based on criminal history persists, even years after individuals have completed their sentences. Individuals with serious convictions may face denials from landlords or housing authorities, despite federal protections designed to prevent unfair practices. This can make finding stable living arrangements very difficult. Understanding what happens when a record is expunged highlights these issues.
Florida also imposes restrictive occupational licensing requirements. Individuals convicted of first-degree felonies may be permanently barred from certain professions, while others might face long waiting periods or additional hurdles before they can obtain a license. A permanent criminal record can thus be a significant barrier to career advancement in many fields.
Alternative Pathways and Rights
While expungement or sealing may not be an option, there are alternative avenues and legal rights available to individuals with permanent criminal records in Florida. One such pathway for certain felonies is the restoration of civil rights. This process allows individuals who have completed their sentences to regain rights such as voting, serving on a jury, or possessing a firearm. However, it's important to note that restoration of civil rights doesn't erase or seal criminal records; it simply restores certain privileges.
Some Florida localities have implemented "Ban the Box" policies, which delay criminal history inquiries until later in the hiring process. These initiatives aim to provide fairer employment opportunities by allowing applicants to be judged on their qualifications first, without immediate disqualification due to a past record. This doesn't remove the record, but it can create a more level playing field for initial consideration.
Furthermore, federal and state laws provide procedural protections for individuals regarding criminal background checks. These protections include the right to receive a copy of your background check and the right to dispute inaccurate information. Being honest and transparent about a record when legally required is generally advisable, especially if an explanation can be offered or mitigating factors exist.
Protect Your Future: Consult a Criminal Defense Attorney Today
Florida's expungement and sealing laws are complex, and the permanent nature of certain ineligible charges underscores the serious, lasting impact a criminal record can have. Determining whether your specific charges can be cleared or fall into the permanently ineligible offenses category requires careful legal analysis. It's important to recognize that navigating these complex Florida expungement and sealing laws on your own can be overwhelming.
Even if expungement or sealing isn't an option, an experienced attorney can help you understand your individual circumstances and explore all available legal avenues. They can advise on alternative pathways, such as civil rights restoration, or help you understand your rights regarding employment and housing. Seeking professional legal counsel is a critical step in protecting your future. Learning how to hire a criminal defense attorney is a great place to start.
If you have questions about your criminal record in Florida or are facing new charges, we're here to help. Our expertise lies in protecting your rights and securing the best possible outcomes for clients throughout the State of Florida. Contact us today to schedule a personalized consultation with experienced criminal defense attorneys.
