A violent charge is not automatically ineligible for expungement or sealing in Florida. The key questions are how the case ended, the final offense, and whether the record falls within Florida’s statutory disqualifications. For a broader overview of Florida record relief, see Florida expungement and sealing.
If a charge was dismissed or nolle prossed, it may qualify for expungement under F.S. § 943.0585. If the case ended with a withhold of adjudication, sealing may be available under F.S. § 943.059, unless a statutory disqualification applies.
What Is a Violent Charge in Florida?
A violent charge is an allegation that a person committed an offense involving physical force, attempted force, or a threat of force. Being charged with a violent offense does not mean the person was convicted.
For expungement and sealing, the case disposition matters. A dismissed or nolle prossed charge may qualify for expungement under F.S. § 943.0585. A charge resolved with a withhold of adjudication may qualify for sealing under F.S. § 943.059, unless a statutory disqualification applies.
Examples of Violent Charges:
- Aggravated assault
- Aggravated battery
- Battery
- Robbery
- Kidnapping
- Manslaughter
- Certain homicide offenses
- Stalking or aggravated stalking
- Certain domestic violence-related offenses
The charge alone does not determine eligibility. The final offense and case disposition must be reviewed.
When Can a Violent Charge Be Expunged?
A violent charge may be eligible for expungement when the case was resolved in a manner covered by Florida’s expungement statute and the applicant satisfies the remaining requirements.
Dismissed Charges
If the charge was dismissed, the person may be eligible for expungement under F.S. § 943.0585. The original allegation being violent does not automatically make the record ineligible. For more information about dismissal indicators and outcomes, see signs your case will be dismissed in Florida.
Nolle Prossed Charges
A nolle prosequi is another disposition that may support expungement. The applicant must still satisfy the other statutory requirements.
Acquittal or Not-Guilty Verdict
A judgment of acquittal or not-guilty verdict may also satisfy the disposition requirement for expungement, subject to the remaining requirements of the statute.
When Can a Violent Charge Be Sealed?
A case resolved with a withhold of adjudication may qualify for sealing if the final offense is not statutorily disqualifying and the applicant meets the other requirements under F.S. § 943.059. For more information about this disposition, see adjudication withheld in Florida.
The exact final offense and disposition matter. A violent allegation at arrest does not automatically determine whether the record can be sealed.
What Is the Florida Disqualifying List for Sealing and Expungement?
Florida law identifies specific offenses that can prevent a record from qualifying for court-ordered sealing or expungement. These restrictions are found in F.S. § 943.0584.
The list includes specific offenses involving:
- Certain homicide offenses
- Certain sexual offenses
- Aggravated assault
- Felony battery
- Aggravated battery
- Kidnapping
- False imprisonment
- Arson
- Burglary of a dwelling
- Robbery
- Carjacking
- Home-invasion robbery
- Stalking and aggravated stalking
- Certain child-abuse offenses
- Human trafficking
- Certain drug offenses
The disqualifying list does not mean that every arrest or charge for one of these offenses is permanently ineligible. The case disposition matters.
Under F.S. § 943.0584, certain guilty or nolo contendere pleas can constitute a conviction for purposes of the disqualification rules even when adjudication is withheld.
FAQs
Can a violent charge be expunged in Florida?
Yes. A violent charge may be eligible for expungement when it was dismissed, nolle prossed, acquitted, or otherwise resolved in a way covered by F.S. § 943.0585, provided the applicant meets the other requirements.
Can a violent charge be sealed in Florida?
A charge resolved with a withhold of adjudication may qualify for sealing when the final offense is not statutorily disqualifying, and the applicant meets the requirements of F.S. § 943.059.
Does a dismissed violent charge automatically qualify for expungement?
No. Dismissal can satisfy an important disposition requirement, but the applicant must still satisfy the other requirements for expungement.
Does a withhold of adjudication mean a record can be sealed?
Not automatically. The final offense must be reviewed against Florida’s statutory disqualifications, and the applicant must meet the other sealing requirements.
Does the original violent charge determine eligibility?
Not by itself. The final offense, case disposition, statutory disqualifications, and the applicant’s other eligibility factors must be considered.
