The florida expungement firm


Expunge now, pay later with
affirm white logo
e-filing portal logo
national trial lawyers top 40 under 40 logo
bbb logo
florida bar logo
aba logo
shopper approved logo
lawpay logo

Can I Expunge My Assault and Battery Case in Florida? | What You Need to Know

If you have a Florida criminal history record, you will know how it can affect your life. However, in some cases, your criminal record may be eligible to be sealed or expunged. The truth is that if you haven't been found guilty of a crime in Florida, you may seal or expunge your arrest record.

Even if you have not been charged with a criminal offense, many criminal charges cannot be sealed or expunged. Section 907.041 of the Florida Statutes defines numerous criminal offenses that fall into this category.

Suppose you pled guilty or chose not to contest an assault and battery charge. In that case, you may not seal or expunge the record, regardless of whether you were convicted of the crime. Contact Erase the Case criminal defense attorneys today to determine whether you are eligible to have a record sealed or expunged!

a lawyer at their desk

What Does It Mean to Have a Criminal Record "Expunged?"

When you have a criminal record, it is accessible to the public, so your criminal history will show up when applying for a job, and your employer does background checks. This could hinder your chances of employment and may even affect the odds of finding suitable housing in Florida.

However, under Florida law, you can have your criminal history sealed, making it accessible only to other criminal justice agency members. A criminal history record sealed for more than 10 years will be eligible to be expunged or destroyed.

Moreover, if the state attorney decides to drop the criminal charges, the record will be eligible for expungement. An expunged criminal record is erased or destroyed. The Florida Department of Law Enforcement will keep a copy of these criminal records that can be accessed in limited circumstances.

This means that the criminal record will not be accessible to the public and will not have a negative effect on your employment options.

Applying for Expungement for an Assault and Battery Charge

No criminal charge can be expunged if it falls into one of the following categories:

  • Aircraft piracy
  • Theft or burglary
  • Arson
  • Battery
  • Sexual Battery
  • Assault
  • Carjacking
  • Child Abuse
  • Sexual abuse of a child
  • Florida Communications Fraud act violations
  • Domestic violence
  • Drug trafficking
  • Abuse of the elderly
  • Illegal use of explosives
  • Homicide
  • Kidnapping
  • Lewd or lascivious acts on children or the elderly
  • Manslaughter
  • Obscenity
  • Prostitution
  • Public employee offenses
  • Robbery and home invasion
  • Stalking
  • Sexual misconduct
  • Terrorism
  • Voyeurism

However, if you have a criminal history record pertaining to assault and battery where the charges were acquitted, dismissed, or dropped, you may still be eligible to have the record expunged. On the other hand, if you pled guilty or did not contest your charges, your request for expungement will be denied.

The best way to determine eligibility is to get in touch with a reliable and experienced criminal defense lawyer. At Erase the Case, we have dealt with thousands of criminal record expungement cases, so we have the experience and the know-how to determine your eligibility.

Can I Have My Records Expunged Rather Than Sealed?

The truth is that the only way to get your case expunged is if the state attorney drops the charges. Moreover, Florida law only lets you seal your records if you made a plea, and the judgment was withheld or if you ended up in court and were found to be innocent. You can then request to have your criminal record erased after 10 years of remaining out of trouble.

However, sealing your records can still be beneficial, as these records will not show up when employers, colleges, and landlords do a background check.

Need Help Getting Your Criminal Record Expunged?

Every case is different, so we will need to meet with you to discuss the unique facts of your case to determine whether you meet the eligibility criteria following an assault and battery record.

At Erase the Case, we have decades of experience dealing with assault and battery cases and pride ourselves on maintaining an excellent attorney-client relationship with everyone who walks through our doors. To find out more about our legal services or book a free consultation with an experienced criminal defense lawyer, call us today at 1-866-ERASE-FL!