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Drug Charges That Cannot Be Sealed

You cannot seal your Florida record just because you were not convicted of the offense.

There are certain drug crimes in Florida that cannot be sealed, even if a withhold of adjudication is imposed.

Under Florida law, certain offenses under Florida Statutes Chapter 893 - the chapter in which drug crimes are enumerated - cannot be sealed. These charges may be expunged, however, if they were dismissed and you are otherwise eligible to have your record expunged.

First and foremost, you cannot seal a trafficking charge. Any drug trafficking charge under Florida Statute section 893.135 cannot be sealed, even if a withhold is imposed. This applies to trafficking in any controlled substance.

If you are charged with manufacturing any substance under Chapter 893 as well, you will not be permitted to seal.

Otherwise, possession and possession with intent to sell are almost always eligible offenses provided you were not convicted.

If you are confused as to your eligibility, contact me to discuss your options.

Eric Matheny is a record sealing and record expungement attorney serving the entire State of Florida.