Eligibility for sealing or expunging turns as much on the offense as on the person. Section 943.0584 names a set of charges that can never be cleared through the court-ordered process, even when adjudication was withheld. This page explains what is on that list, the plea-or-verdict trigger that decides whether the bar applies, why DUI stands apart, and the discretion a judge keeps even when you qualify.
The Section 943.0584 Bar
The barred categories include sexual offenses and any offense that requires sex-offender registration under section 775.21 or section 943.0435, the dangerous crimes listed in section 907.041, violent felonies such as aggravated assault and aggravated battery, robbery and carjacking, murder and manslaughter, assault or battery that is domestic violence, child abuse, drug trafficking and manufacturing under section 893.135, stalking, and exploitation of an elderly or disabled person, along with a range of other serious offenses the statute names. If your charge is one of these, the court-ordered process is closed to it.
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and a record that follows someone after the case is over is something I have watched cost good people jobs, housing, and licenses. My office handles the seal and expunge process from the FDLE eligibility check through the court order. Learn more about my background.
The Plea-or-Verdict Trigger
The bar is not as absolute as it first sounds. Section 943.0584 reaches a listed offense when you pled to it or were found guilty, and that is true even when adjudication was withheld. What it does not reach the same way is a charge that was dropped, never filed, or dismissed. That means even a serious or violent arrest can often be expunged when the case ended without a plea or a verdict, which is one of the most overlooked points in this area.
DUI Sits in Its Own Category
DUI is barred for a different reason. Florida law does not let a judge withhold adjudication on a DUI, so a DUI is always a conviction, and a conviction cannot be sealed or expunged. The route that helps is getting the DUI reduced, often to reckless driving with a withhold, which can then qualify. The mechanics of that are on the withhold of adjudication page.
The Court Still Has Discretion to Deny
Clearing the offense hurdle and holding a certificate of eligibility does not guarantee relief. A judge may deny even a fully eligible petition, so the way the request is framed, and the reasons given for granting it, carry real weight. Eligibility opens the door; the presentation is what walks you through it.
When the Door Is Not Fully Closed
A barred charge is not always the end. A dismissed version of a listed offense can still be expungeable, automatic sealing under section 943.0595 reaches some cases that ended without a conviction even when a petition would not, and a separate lawful self-defense expungement under section 943.0578 exists for charges the State certifies were the result of a justified use of force. Knowing which of these paths fits a given record is the heart of an honest eligibility review. For domestic violence specifically, see sealing and the expungement bar.
Common Questions
Can a domestic violence charge be sealed or expunged?
If you pled to or were found guilty of an assault or battery that is domestic violence, it is one of the offenses section 943.0584 bars, even with a withhold of adjudication. If the domestic violence charge was dropped or dismissed, that changes the picture and the record may still be expungeable.
Can a dismissed violent felony be expunged?
Often yes. The bar in section 943.0584 mainly applies when you pled to or were found guilty of the listed offense. When the charge was dropped, no information was filed, or the case was dismissed, even a serious felony arrest can frequently be expunged, as long as the rest of the eligibility rules are met.
Why can a DUI never be sealed?
Because Florida law requires a judge to adjudicate a DUI guilty, a DUI is always a conviction, and a conviction cannot be sealed or expunged. Reducing the DUI to a charge that allows a withhold, such as reckless driving, is what can make the record eligible.
Can the judge deny my petition even if I am eligible?
Yes. Meeting every requirement and holding a certificate of eligibility opens the door, but the decision is still within the court's discretion. That is why the petition and the presentation are worth doing carefully.
Is a sex offense ever eligible to be sealed?
If you pled to or were found guilty of a sexual offense or any offense that requires sex-offender registration, it is permanently barred under section 943.0584, even after a record has been sealed for ten years. A charge that was dismissed without a plea or verdict can be a different situation.
Related: Sealing and Expunging, Withhold of Adjudication, Who Qualifies, and The Process Step by Step.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Court-ordered sealing and expunging in Florida are governed by sections 943.059 and 943.0585, Florida Statutes, the list of ineligible offenses in section 943.0584, the automatic sealing provisions of section 943.0595, and Florida Rule of Criminal Procedure 3.692. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
