Can A Domestic Violence Conviction Be Expunged?
If a person is convicted of a crime of domestic violence in Florida, they will likely face consequences in addition to any jail time they must serve. One of these is having a conviction for a crime of domestic violence on one’s criminal record, which can create a bad impression for anyone who checks the record in the future, such as a prospective employer or landlord. It is understandable that a person might want to expunge their criminal record – but in Florida, this is impossible in the majority of situations for adults.
Must Qualify For Eligibility
There are two methods by which a criminal record can be cleaned up, so to speak – one may either seal it or expunge (remove) a certain arrest or offense. Sealing one’s criminal record effectively hides it from all but a few specific potential background checks (for example, the U.S. Armed Forces can see sealed records most of the time), while an expungement removes all traces of the offense.
That said, a case must meet certain requirements in order to be eligible for expunction, – most notably, that a person cannot have pled guilty or no contest to the charges, that they have never before attempted to seal or expunge their record, and that any indictment against them was either dropped or placed on the ‘nolle prosequi’ (inactive) docket. However, many domestic violence crimes are also ineligible for expunction for other reasons.
“Dangerous” Crimes Not Eligible
The main reason that most crimes of domestic violence are not able to be expunged from criminal records is that Florida has a list of what it calls “dangerous” crimes, none of which may be sealed or expunged. Most domestic violence-related offenses are on that list: for example, assault, domestic battery, and cruelty to animals, among others. What this means is that even if all the other criteria are present in one’s case – the offense may not be wiped away because it is considered dangerous to society – thus, those who commit these crimes should live with the consequences of their actions.
If you fear being saddled with a domestic violence conviction on your record, it is crucial to enlist the right attorney, who can help you possibly find alternatives. You may, for example, be able to get the charge negotiated down to something that is not on the ‘dangerous crimes’ list, or you may turn out to be eligible for pretrial diversion, which results in charges being dropped if the program is completed successfully.
Contact A West Palm Beach Domestic Violence Defense Attorney
If you have been charged with a domestic violence-related offense in Florida, it is important to have experienced representation on your side. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help you determine your best options going forward. We are ready to try and help – call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=943.059&URL=0900-0999/0943/Sections/0943.0585.html
