Can I Seal My Record in Jacksonville Florida?

In order to seal your record in Jacksonville Florida, you must fulfill certain requirements. For instance, you cannot seal your record if you have ever been convicted of a crime. Depending on the circumstances, a prior record seal or expunction may also stop you from sealing or expunging another arrest. One requirement for a Florida record seal that is often overlooked is the type of offense that you are trying to seal. You cannot seal certain criminal charges. Florida Statute Section 943.059 states:

Florida Criminal Record Seal

Want to Seal Your Record?
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“The court shall not order a criminal justice agency to seal a criminal history record until the person seeking to seal a criminal history record has applied for and received a certificate of eligibility for sealing pursuant to subsection (2). A criminal history record that relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act.”

Section 943.059 refers you to Section 907.041. This law lists what the Florida legislature considers “dangerous crimes” for the purpose of bond hearings and pretrial detention. The list will also prevent a criminal defendant from sealing his or her record, even if he or she was given a withhold of adjudication and was not convicted. The “dangerous crimes” are as follows:

1. Arson;
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.

If you want to seal your Florida record, contact a Jacksonville criminal lawyer for help. Call (904) 564-2525 to speak with a Jacksonville attorney that has experience sealing and expunging records.

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