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

David Weisselberger | February 9, 2023

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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!

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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!

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
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  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
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    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
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    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
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    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
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    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
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