Understanding Florida’s Expungement Laws for Assault Charges
Being charged with assault in Florida can have long-lasting consequences. Even if the case never resulted in a conviction, an arrest record can affect employment, housing, and personal reputation. Expungement offers a way to remove or seal certain criminal records from public view, but Florida law has strict guidelines on which offenses qualify.
Expunging an assault charge depends on the circumstances of the case, the outcome, and whether the charge resulted in a conviction. Let’s go over how assault is defined under Florida law, what expungement means, and whether you may be eligible to have your record cleared.
How Florida Defines Assault
Assault is considered a violent crime, even though physical contact is not required for a charge. Under Florida Statutes § 784.011, assault occurs when someone:
- Intentionally and unlawfully threatens violence against another person,
- Has the apparent ability to carry out the threat, and
- Causes fear in the alleged victim that the threat is imminent.
Since assault is based on perceived threats rather than physical harm, misunderstandings can sometimes lead to wrongful arrests.
Misdemeanor vs. Felony Assault
Florida law categorizes assault offenses based on severity:
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Simple Assault (Florida Statutes § 784.011)
- Second-degree misdemeanor
- Punishable by up to 60 days in jail, 6 months probation, and a $500 fine
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Aggravated Assault (Florida Statutes § 784.021)
- Third-degree felony
- Involves a deadly weapon or intent to commit another felony
- Punishable by up to 5 years in prison and a $5,000 fine
The type of assault charge you faced plays a major role in whether you can seek expungement.
Understanding Expungement and Record Sealing in Florida
Expungement and record sealing are two different processes under Florida law:
- Expungement: The record is completely removed from public access. Law enforcement agencies must destroy it, and it will not appear in background checks.
- Record Sealing: The record remains but is hidden from public access. Government agencies can still view it under certain circumstances.
Both options offer relief from the consequences of a criminal record, but Florida law places strict limits on who qualifies.
Can You Expunge an Assault Charge in Florida?
Expungement eligibility depends on the outcome of your case.
If You Were Arrested But Not Convicted
Florida law allows for expungement or sealing of records if:
- The charges were dropped
- The case was dismissed
- You were found not guilty
If your assault case did not result in a conviction, you may be able to have the record expunged or sealed.
If You Were Convicted of Assault
A conviction makes expungement nearly impossible. Florida does not allow expungement or sealing for convictions of violent crimes, including misdemeanor or felony assault. If you pleaded guilty or no contest and the court entered a conviction, the record is permanent and cannot be sealed.
If You Completed a Pretrial Diversion Program
Some first-time offenders qualify for pretrial diversion programs, which can result in dismissed charges upon successful completion. If you completed a diversion program, your case may be eligible for expungement.
How to Expunge an Assault Charge in Florida
If your case qualifies, expungement is not automatic. You must take the following legal steps:
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Obtain a Certificate of Eligibility
- Submit an application to the Florida Department of Law Enforcement (FDLE).
- Include fingerprints and supporting documents.
- The FDLE will review and approve or deny eligibility.
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File a Petition with the Court
- Once the certificate is issued, a formal petition must be filed in court.
- A judge will review the petition and decide whether to grant expungement.
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Attend a Court Hearing (If Required)
- Some cases require a hearing where a judge considers arguments for and against the expungement.
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Receive Final Approval
- If approved, the record is either sealed or permanently removed from public access.
The entire process can take several months, and errors in paperwork can lead to delays or denials.
What If You Have Multiple Arrests?
Florida law limits individuals to one record sealing or expungement in their lifetime. If you have previous arrests, you may not qualify. However, some exceptions apply if multiple charges stemmed from the same incident.
Consequences of a Criminal Record for Assault
Even a dropped or dismissed assault charge can create long-term challenges. Employers, landlords, and licensing agencies often conduct background checks that reveal arrests. Expunging the record removes these barriers and protects your reputation.
Some of the most significant consequences of an assault charge include:
- Employment Barriers: Many employers deny job opportunities due to a violent offense on record.
- Housing Difficulties: Landlords may reject rental applications based on an assault charge.
- Firearm Restrictions: A conviction for felony aggravated assault results in a lifetime ban on firearm ownership under Florida Statutes § 790.23.
- Loss of Professional Licenses: Healthcare, education, and security-related professions often disqualify applicants with violent charges.
Expungement can help remove these obstacles and provide a clean slate.
Florida Criminal Record FAQs
What is the difference between expungement and record sealing in Florida?
Expungement removes the record from public access and requires its destruction. Record sealing hides it from public view, but some agencies can still access it.
Can a misdemeanor assault charge be expunged in Florida?
If the case was dismissed, dropped, or resulted in a not guilty verdict, it may qualify for expungement. If you were convicted, the record cannot be sealed or expunged.
Can I expunge a felony assault charge in Florida?
Felony assault charges cannot be expunged if they resulted in a conviction. If the case was dismissed or you were found not guilty, you may qualify for expungement.
Does an expunged assault charge show up on background checks?
Once expunged, the record does not appear in most background checks. Law enforcement and certain government agencies may still access sealed records.
How long does it take to expunge an assault charge in Florida?
The process can take several months depending on how quickly the Florida Department of Law Enforcement and the court process the request.
If I pleaded guilty to assault, can I still get it expunged?
No. Florida law does not allow expungement of cases where the defendant pleaded guilty or no contest and received a conviction.
Can an employer see my assault charge if it was dismissed?
Yes. Even dismissed charges appear on background checks unless the record is expunged. Expungement removes it from public view.
What happens if my expungement request is denied?
If denied, you may be able to reapply if additional documentation supports your eligibility. If the denial is final, the record remains public.
Can I apply for expungement if I have multiple arrests?
Florida law generally allows only one expungement in a lifetime. If multiple arrests stemmed from the same incident, an exception may apply.
Will an expunged assault charge affect my gun rights?
If the charge was dismissed and later expunged, your gun rights remain intact. A conviction for felony aggravated assault results in a permanent loss of firearm rights.
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.