943.0584 Criminal history records ineligible for court-ordered expunction or court-ordered sealing.
608 words·~3 min read·
/fl/title-xlvii/chapter-943/943-0584·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section, the term “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the defendant was a minor, a finding that the defendant committed or pled guilty or nolo contendere to committing a delinquent act, regardless of whether adjudication of delinquency is withheld.
(2)A criminal history record is ineligible for a certificate of eligibility for expunction or a court-ordered expunction pursuant to s. 943.0585 or a certificate of eligibility for sealing or a court-ordered sealing pursuant to s. 943.059 if the record is a conviction for any of the following offenses:
(a)Sexual misconduct, as defined in s. 393.135 , s. 394.4593 , or s. 916.1075 ;
(b)Illegal use of explosives, as defined in chapter 552;
(c)Terrorism, as defined in s. 775.30 ;
(d)Murder, as defined in s. 782.04 , s. 782.065 , or s. 782.09 ;
(e)Manslaughter or homicide, as defined in s. 782.07 , s. 782.071 , or s. 782.072 ;
(f)Assault or battery, as defined in ss. 784.011 and 784.03 , respectively, of one family or household member by another family or household member, as defined in s. 741.28 (3);
(g)Aggravated assault, as defined in s. 784.021 ;
(h)Felony battery, domestic battery by strangulation, or aggravated battery, as defined in ss. 784.03 , 784.041 , and 784.045 , respectively;
(i)Stalking or aggravated stalking, as defined in s. 784.048 ;
(j)Luring or enticing a child, as defined in s. 787.025 ;
(k)Human trafficking, as defined in s. 787.06 ;
(l)Kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02 ;
(m)Any offense defined in chapter 794;
(n)Procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03 ;
(o)Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04 ;
(p)Arson, as defined in s. 806.01 ;
(q)Burglary of a dwelling, as defined in s. 810.02 ;
(r)Voyeurism or digital voyeurism, as defined in ss. 810.14 and 810.145 , respectively;
(s)Robbery or robbery by sudden snatching, as defined in ss. 812.13 and 812.131 , respectively;
(t)Carjacking, as defined in s. 812.133 ;
(u)Home-invasion robbery, as defined in s. 812.135 ;
(v)A violation of the Florida Communications Fraud Act, as provided in s. 817.034 ;
(w)Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102 ;
(x)Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025 ;
(y)Child abuse or aggravated child abuse, as defined in s. 827.03 ;
(z)Sexual performance by a child, as defined in s. 827.071 ;
(aa)Any offense defined in chapter 839;
(bb)Certain acts in connection with obscenity, as defined in s. 847.0133 ;
(cc)Any offense defined in s. 847.0135 ;
(dd)Selling or buying of minors, as defined in s. 847.0145 ;
(ee)Aircraft piracy, as defined in s. 860.16 ;
(ff)Manufacturing a controlled substance in violation of chapter 893;
(gg)Drug trafficking, as defined in s. 893.135 ; or
(hh)Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21 , or sexual offender pursuant to s. 943.0435 , without regard to whether that offense alone is sufficient to require such registration.