West Palm Beach Records Expungement Attorneys

When a criminal record is sealed, it is preserved “under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the information.” In these cases, the information in the case remains on file with criminal justice agencies but access by the public is barred.

Eligibility requirements for sealing criminal records in Florida include:

No prior finding of guilt for similar criminal offense, or no prior delinquencies in juvenile cases.

No adjudication of guilt or delinquency in the case to be sealed.

No prior sealing or expungement of a criminal record under Florida law.

No other petition to seal or expunge a record pending before any court.

Charge is not a disqualifying offense.

Is not excluded under related offenses.

Completion of probation or community control.

Another reason to seek the help of an experienced criminal defense lawyer in West Palm Beach whenever criminal charges are pending or alleged, is that many crimes are not eligible for sealing or expungement. Too often, a defendant will plead guilty in an effort to put an incident behind him, without realizing the charge may never be removed from a criminal record.

Under Florida Statute 943.045(16), and F.S. 943.059, the following charges are not eligible to be sealed or expunged, unless charges were dropped or otherwise dismissed:

• Sexual misconduct with a developmentally disabled person.
• Sexual misconduct between an employee and mentally ill patient.
• Luring or enticing a child.
• Sexual battery.
• Procuring a minor for prostitution.
• Lewd or lascivious offenses upon or in the presence of a person under the age of 16.
• Lewd or lascivious offenses upon or in the presence of an elderly or disabled person.
• Sexual performance by a child.
• Lewd, lascivious or indecent assault upon, or in the presence of, a child under 16.
• Sexual activity with a child who is older than 12 but younger than 18.
• Acts of domestic violence or related charges.
• Computer pornography.
• Traveling to meet minors.
• Selling or buying of minors.
• Any violation requiring registration as a sexual predator.
• Providing obscene material to minors.
• Voyeurism.
• Violations of the Florida Communications Fraud Act.
• Criminal conduct by public employees or officials.
• Drug trafficking.
• Acts under F.S. 907.041, including arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse, elder abuse, kidnapping, homicide, manslaughter, sexual battery, robbery or carjacking.
• Burglary of a dwelling.
• Stalking.
• Home invasion robbery.
• Terrorist acts.
• Conspiring to commit one of the above crimes.
• DUI