What Felonies Cannot Be Expunged in Florida?

The Truth About Expungements: It's Usually Not the Felony That Stops You

One of the most common questions we hear is:

"Can a felony be expunged in Florida?"

The answer surprises many people.

In Florida, the issue is often not whether the charge was a felony or misdemeanor. The real question is:

Was the case dismissed, and are you otherwise eligible?

Many felony arrests can be expunged if the case was dismissed, dropped, no-filed, or resulted in an acquittal. On the other hand, some charges can never be sealed—even if adjudication was withheld.

Understanding the difference can save you a lot of confusion.

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Expungement vs. Sealing: What's the Difference?

Before discussing which felonies cannot be expunged, it's important to understand the distinction.

Expungement

When a record is expunged, the record is physically destroyed by most agencies, although limited confidential records remain with certain government entities.

Generally, you may qualify for an expungement if:

• The case was dismissed
• The State Attorney filed a No Information
• You were acquitted at trial
• Charges were dropped
• You have never previously received a sealing or expungement
• You have no disqualifying convictions

Sealing

A sealed record still exists but is hidden from public view.

Sealing is often used when:

• Adjudication was withheld
• You were not convicted
• The offense is otherwise eligible for sealing

The Biggest Misconception

Many people believe:

"I was charged with a felony, so I can never get it off my record."

That is simply not true.

For example:

• Felony possession of cocaine dismissed? Potentially expungeable.
• Felony grand theft dismissed? Potentially expungeable.
• Felony battery charge dismissed? Potentially expungeable.
• Felony trafficking case dismissed? Potentially expungeable.

If the case was dismissed and you otherwise qualify, many felony arrests can be expunged.

The real problem usually arises when someone entered a plea and received a withhold of adjudication on certain offenses.

Why Some Felonies Can Never Be Sealed

Florida Statute §943.0584 creates a list of offenses that are permanently ineligible for sealing if the defendant pled guilty or no contest or was found guilty—even if adjudication was withheld.

In other words:

You may avoid a conviction and still lose the ability to seal your record forever.

Let's look at some of the most significant offenses.

Drug Trafficking

One of the biggest surprises is drug trafficking.

Florida specifically prohibits sealing any record involving:

Drug trafficking under §893.135.

This means that if you plead to trafficking and receive a withhold of adjudication, the case cannot later be sealed.

However, if the trafficking charge is dismissed, an expungement may still be available.

Manufacturing Controlled Substances

Manufacturing drugs is another offense specifically prohibited from sealing.

This includes cases involving:

• Methamphetamine labs
• Fentanyl manufacturing
• Illegal drug production operations

A withhold does not help.

Murder and Manslaughter

The following offenses cannot be sealed:

• Murder
• Manslaughter
• Vehicular homicide

Even if adjudication is withheld, Florida law permanently bars sealing.

Kidnapping and Human Trafficking

Florida treats these offenses as among the most serious crimes.

The statute prohibits sealing records involving:

• Kidnapping
• False imprisonment
• Human trafficking

Robbery, Carjacking, and Home Invasion

You cannot seal records involving:

• Robbery
• Robbery by sudden snatching
• Carjacking
• Home invasion robbery

Burglary of a Dwelling

Not all burglaries are treated the same.

Florida specifically prohibits sealing:

• Burglary of a dwelling

This is an important distinction because other burglary-related offenses may be treated differently.

Violent Crimes

Several violent offenses are permanently disqualified:

• Aggravated Assault
• Aggravated Battery
• Felony Battery
• Domestic Battery by Strangulation

Additionally, domestic violence battery offenses are specifically prohibited from sealing.

Sex Crimes

Virtually every major sex offense is ineligible.

This includes:

• Sexual battery offenses
• Lewd or lascivious conduct
• Luring or enticing a child
• Voyeurism and video voyeurism
• Child pornography offenses
• Sexual performance by a child
• Offenses requiring sexual offender or sexual predator registration

Crimes Against Children

Florida makes many child-related offenses permanently ineligible:

• Child abuse
• Aggravated child abuse
• Luring or enticing a child
• Sexual performance by a child
• Selling or buying minors

Public Corruption Crimes

Many people do not realize that offenses under Chapter 839 are also prohibited.

These are public corruption offenses involving public officers and governmental misconduct.

What About a Dismissed Case?

Here's the important distinction.

The list above primarily applies when a person:

• Pleads guilty
• Pleads no contest
• Is found guilty

even if adjudication is withheld.

If the case was completely dismissed, many of these arrests may still be eligible for expungement depending on the circumstances and your overall criminal history.

That is why the outcome of your case matters so much.

Sometimes avoiding a plea and obtaining a dismissal is the difference between:

• Having a permanent public criminal record; and
• Completely removing the arrest from public view.

Other Reasons You May Be Ineligible

According to Florida Department of Law Enforcement (FDLE), an application may also be denied if:

• You have previously received a sealing or expungement.
• You were adjudicated guilty of a felony.
• You were adjudicated guilty of certain disqualifying misdemeanors.
• You were adjudicated guilty of the offense you are trying to seal or expunge.

The Bottom Line - You Need to Speak With a Proven Criminal Defense Attorney in Palm Beach County

The question should not be:

"Can a felony be expunged?"

The better question is:

"How did the case end?"

Many felony arrests can be expunged if they were dismissed and you otherwise qualify.

However, certain offenses listed in Florida Statute §943.0584 can never be sealed if you pled guilty, pled no contest, or were found guilty—even when adjudication was withheld.

Because one plea agreement can permanently affect your future ability to clear your record, it is important to understand the sealing and expungement consequences before resolving any criminal case.

Check out our Webinar on Expungement.

Contact the Law Offices of Matthew Konecky for Felony Expungement in Florida

If you have questions about sealing or expunging a Florida criminal record, contact The Law Office of Matthew Konecky, P.A. to discuss your eligibility and options.

Fill out our online contact form and someone will get back to you shortly. If you want to speak with a Palm Beach County criminal defense lawyer right away, call us now at (561) 671-5995.