Online Sunshine Logo
Official Internet Site of the Florida Legislature
September 22, 2019
Text: 'NEW Advanced Legislative Search'
Interpreter Services for the Deaf and Hard of Hearing
Go to MyFlorida House
Select Year:  
The Florida Statutes

The 2019 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.0584
943.0584 Criminal history records ineligible for court-ordered expunction or court-ordered sealing.
(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 video 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.
History.s. 49, ch. 2019-167.