Florida Statutes 943.0584 – Criminal history records ineligible for court-ordered expunction or court-ordered sealing
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(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:
Terms Used In Florida Statutes 943.0584
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Illegal use of explosives, as defined in chapter 552;
(c) Terrorism, as defined in s. 775.30;
(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;
(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;
(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