Criminal Record Expunction/Sealing

-Q: What would DISQUALIFY me from having my record sealed or expunged?
-A:
*If you have been adjudicated guilty (convicted as an adult) of a criminal offense, including a criminal
traffic offense (e.g., DUI, DWLS), criminal ordinance violation, misdemeanor or felony.

*If you were adjudicated delinquent (as a juvenile) on charges of: assault; battery; petit theft; carrying a
concealed weapon; unlawful use of destructive devices or bombs; negligent treatment of children; assault
or battery on a law enforcement officer, firefighter, or other specified personnel; cruelty to animals; arson;
unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school
property.

*If you were adjudicated guilty (convicted as an adult) or adjudicated delinquent (as a juvenile) for the
offense you seek to seal or expunge;

*If you were placed on probation or community control, but later violated the terms of your sentence and
the judge converted the “withhold” to an “adjudication.”

*If you were found guilty, pled guilty or no contest and have a “withhold of adjudication” on certain
offenses, even as a minor.

*If you ever had a prior record sealed or expunged in any jurisdiction (even in another state). Automatic
expunction of juvenile records, expunction of records (pre and post arrest diversion), and expunction of
arrest “contrary to law or by mistake” do not count as a prior expunged record.

*If you have a seal or expunge petition currently pending in another case.

*If you have an open criminal case, are on probation or community control, owe community service hours
or have an unsatisfied court-ordered financial obligation such as court costs or restitution.

DISQUALIFYING CHARGES FOR EXPUNCTION/SEALING
1. Arson
2. Aggravated Assault
3. Aggravated Battery
4. Illegal use of explosives
5. Child abuse or Aggravated Child Abuse
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
7. Aircraft piracy
8. Kidnapping
9. Homicide
10. Manslaughter
11. Sexual Battery
12. Robbery
13. Carjacking
14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or
custodial authority
16. Burglary of a dwelling
17. Stalking of Aggravated Stalking
18. Act of Domestic Violence, as defined in s.741.28
19. Home-invasion Robbery
20. Act of Terrorism as defined by s.775.30
21. Attempting or conspiring to commit any of the above crimes
22. Manufacturing any substances in violation of chapter 893