Can A Domestic Violence Crime Be Expunged In Florida?

It is not uncommon for a person who has been convicted of domestic violence to wonder about the possibility of expungement. Expungement is the process by which a criminal offense is removed from a person’s record, and while it is generally worth it to inquire, the answer depends on certain specific factors required by Florida law. Certain crimes of domestic violence may be eligible, but many are not.

Requirements For Expungement

In order to expunge an offense from a person’s criminal record, the relevant law lists certain criteria that must be fulfilled. They are:

• You must not have had an arrest expunged or sealed previously – in general, Florida only permits one per person;
• The case must have either been dismissed, or you must have been acquitted. Convictions cannot generally be expunged; and
• Even if adjudication was withheld, there are certain offenses (most, though not all, violent) which cannot be expunged even if the other criteria are met.

Domestic violence crimes can sometimes fall into this category, though not all of them will.

Comparatively, Florida’s definition of domestic violence states that it occurs with any criminal offense “resulting in physical injury or death,” and lists certain examples in the law itself, though the list is not intended to be exhaustive. Because so many different crimes can fall under the domestic violence umbrella, it can be difficult to determine whether the offense can be expunged or not without further research.

No Simple Answer

Many do not realize that domestic violence is not one specific offense in Florida; rather, standard crimes receive a sentencing enhancement due to the presence of domestic violence factors. Because of this, it is important to keep in mind that an offense will not be ineligible for expungement simply because it is specifically a crime of domestic violence. Rather, the offenses on the ineligible list are almost all crimes of violence in general, and Florida’s legislature has ruled that these offenses should not be erased.

That said, if you believe that your record may be eligible to be expunged, it is still a good idea to consult an attorney. The process of expungement can be time-consuming, and one missed deadline or detail can result in a petition being denied. Alternatively, it may be that your record can be sealed, but not expunged – an attorney can help you determine your best path.

Contact A West Palm Beach Domestic Violence Attorney

If you have been arrested for a crime of domestic violence, but your case was dismissed or adjudication was withheld, you may be eligible to have the record expunged. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help answer your questions about the process – call our office today to speak to an attorney.