Florida law allows individuals to seal or expunge certain criminal records, but eligibility becomes much more restrictive for violent crimes. Due to the serious nature of these offenses and the public interest in keeping such records accessible, violent crimes are typically ineligible for sealing or expungement.
A violent crime record is ineligible for court-ordered expungement under section 943.0585 or for court-ordered sealing under section 943.059 if it includes a conviction for any of the following offenses:
Murder or attempted murder
Manslaughter
Sexual battery
Aggravated assault
Aggravated battery
Armed robbery
Home invasion robbery
Kidnapping
Arson
Stalking or aggravated stalking
Domestic violence (depending on circumstances)
If the offense appears on the FDLE’s list of disqualifying charges, the case cannot be sealed, even if adjudication was withheld.
Although rare, expungement may be possible in certain scenarios involving violent charges:
If the State Attorney declines to file formal charges, or the charge is later dismissed, the individual may be eligible for expungement, even if the original arrest was for a violent offense.
If a person is found not guilty at trial, they may qualify for expungement.
Florida provides some flexibility for juvenile expungements, including early juvenile diversion expunction under Fla. Stat. § 943.0582, but violent offenses involving force, threat, or weapons may still disqualify the applicant, depending on the charge and outcome.
If a violent crime charge was plea-bargained down to a non-violent offense (e.g., aggravated battery reduced to simple battery), the final charge may qualify if:
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