Understanding Florida's Expungement Laws for Assault Charges
Facing an assault charge in Florida can be overwhelming, but one of the most common concerns people have is whether they can clear their record. Expungement offers the chance to remove certain criminal charges from public view, but Florida law has strict requirements for eligibility. If you’ve been arrested or charged with assault, knowing whether your case qualifies for expungement is critical for protecting your future.
Defining Assault Under Florida Law
Florida law distinguishes between different types of assault, each carrying different legal consequences.
Simple Assault – Florida Statutes § 784.011
Simple assault occurs when someone intentionally threatens another person with violence and creates a reasonable fear of imminent harm. This offense does not require physical contact or injury.
- Charge: Second-degree misdemeanor
- Penalties: Up to 60 days in jail, 6 months probation, and a $500 fine
Aggravated Assault – Florida Statutes § 784.021
Aggravated assault involves an intentional threat of violence, but with the presence of a deadly weapon or intent to commit a felony. Even if no physical harm occurs, the use of a weapon or an additional felony charge escalates the offense.
- Charge: Third-degree felony
- Penalties: Up to 5 years in prison, 5 years probation, and a $5,000 fine
Aggravated assault is far more serious and can lead to permanent consequences, including the loss of firearm rights and significant difficulties securing employment or housing.
Can Assault Charges Be Expunged in Florida?
Expungement allows a criminal record to be erased from public view. However, Florida law prohibits expungement or sealing for many violent offenses, including most assault-related charges.
Expungement Eligibility Under Florida Statutes § 943.0585
For an assault charge to be eligible for expungement, one of the following must apply:
- The charges were dropped, dismissed, or you were acquitted – If your case was resolved without a conviction, you may be able to expunge or seal your record.
- You completed a pretrial diversion program – If you entered and successfully completed a diversion program, the case might qualify for expungement.
- No prior criminal history – If this was your only offense and did not result in a conviction, you may have a path to sealing or expungement.
If you were convicted of assault, Florida law does not allow you to expunge or seal your record, even for a misdemeanor offense. This is why avoiding conviction is critical.
How to Expunge an Assault Charge in Florida
If you believe your case qualifies for expungement, the process involves multiple legal steps.
Step 1: Obtain a Certificate of Eligibility
Before filing for expungement, you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This requires:
- A fingerprint card
- A completed application
- A copy of the court disposition showing that charges were dropped or dismissed
- A $75 processing fee
Step 2: File a Petition with the Court
Once the FDLE approves your eligibility, you must submit a petition to expunge in the county where your case was handled. This requires a motion, affidavit, and supporting documentation.
Step 3: Attend a Court Hearing (If Required)
Some judges may require a hearing before granting expungement. At this hearing, the court reviews your case history and makes a determination based on your eligibility.
Step 4: Final Court Order and Record Removal
If the court grants your request, an order will be sent to all relevant agencies to remove the record from public databases. However, law enforcement and certain government entities will still have access to the information.
Common Barriers to Expunging an Assault Charge
Not all cases qualify for expungement. Here are some reasons your request may be denied:
- A prior conviction: If you have any prior convictions, you are ineligible.
- You pleaded guilty or no contest and were convicted: Even if the judge withheld adjudication, felony assault charges cannot be sealed.
- The assault involved domestic violence: Florida law prohibits expungement for domestic-related violent offenses.
- You already expunged another charge: Florida only allows one expungement in a lifetime, with limited exceptions.
How an Assault Charge Affects Your Future
Even if a charge did not result in a conviction, having an assault arrest on your record can cause problems with employment, housing, and background checks. Some of the most significant impacts include:
- Job Applications – Many employers conduct background checks, and an assault charge may disqualify you from certain positions.
- Housing Applications – Landlords frequently deny applicants with violent offenses on their record.
- Gun Rights – If convicted of felony assault, you lose your right to own or possess a firearm.
- Professional Licenses – Some licensing boards deny applicants with criminal records.
Clearing your record can help prevent these obstacles, but Florida law makes it difficult for those with violent charges to do so.
Alternatives If You Cannot Expunge an Assault Charge
If you are not eligible for expungement, there are still ways to mitigate the impact of an assault charge.
Seek a Record Sealing
If you were not convicted but were found guilty with adjudication withheld, your record may qualify for sealing instead of expungement. While sealing does not erase the charge, it restricts public access.
Apply for Clemency
In some cases, individuals with felony convictions can seek clemency or a pardon from the Florida Governor’s Office. This is a lengthy process and requires significant evidence of rehabilitation.
Work with a Criminal Defense Attorney
If your charge is not eligible for expungement, an attorney can help you explore other options, such as post-conviction relief, motions to vacate, or petitioning for clemency.
Florida Expungement FAQs
What is the difference between sealing and expungement in Florida?
Sealing restricts public access to a record, while expungement removes it entirely from public databases. However, law enforcement can still see both sealed and expunged records.
Can a felony assault charge ever be expunged in Florida?
No. Florida law prohibits the expungement or sealing of felony assault convictions. If the charge was dropped or dismissed, it may be eligible for expungement.
Does completing probation make me eligible for expungement?
Not necessarily. If adjudication was withheld and you completed probation, you may qualify for sealing, but you cannot expunge the record if you were convicted.
Will an employer see an expunged assault charge on my record?
No. Once a charge is expunged, it is removed from public records, meaning most employers will not see it. However, law enforcement and certain government agencies will still have access.
Can I expunge an assault charge if I was found not guilty?
Yes. If you were acquitted or the charges were dropped, you are eligible to apply for expungement.
What happens if my expungement request is denied?
If denied, you may be able to challenge the decision or explore other legal options, such as seeking a record seal.
How long does the expungement process take in Florida?
The entire process can take between 5 to 12 months, depending on court schedules and FDLE processing times.
Can domestic assault charges be expunged in Florida?
No. Domestic violence-related assault charges cannot be sealed or expunged under Florida law.
What if I was arrested but never formally charged?
If you were arrested and no charges were filed, you can apply for expungement.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.