Florida law has a specific procedure for sealing or expunging court records.
If an individual has been charged with a crime, but not convicted of the charged offense (Felony or Misdemeanor)
because adjudication was withheld or the State declined to prosecute and the individual has not had any other court
record sealed or expunged in Florida, the individual may be eligible to have his record expunged or sealed. Florida
law also states however, there are certain offenses that cannot be sealed or expunged, regardless of whether adjudication
was withheld by the court.
You cannot have certain offenses expunged or sealed if you plead nolo contendere (“no
contest”) regardless of whether the court withheld adjudication. In addition, these same offenses are also not
able to be expunged or sealed if the individual received probation. These offenses include but are not limited
to: Arson, Aggravated Battery, Kidnapping, Carjacking, Homicide, Sexual Battery, Robbery, Burglary of a Dwelling,
Stalking, and Manslaughter. The Law Offices of Garry F. Connell hav a complete list of these offenses.
The only
way to have any of these offenses expunged is if:
- The State Attorney declined to file on the case;
- The case was nolle prosequi (dismissed) by the State;
- The individual was acquitted of the charges at trial.
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