Can Domestic Violence Charges be Expunged in Florida?

If you’re facing domestic violence charges in Orlando or anywhere else in Florida, you’re probably wondering if it’s possible to clear your record. The short answer is yes, but only under very specific circumstances. Florida law takes a strict approach to domestic violence cases, making expungement more challenging than other criminal charges.

Understanding the Reality: When Can Domestic Violence Charges be Cleared from Your Record in Florida?

Florida handles domestic violence charges differently from most other criminal offenses. Under Florida Statutes Chapter 943.0585, a domestic violence conviction cannot be sealed or expunged under Florida law, meaning it will show permanently on your record. However, there’s an important distinction between charges and convictions.

You can only expunge domestic violence charges if:

• The prosecutor drops the charges completely (called “nolle prosequi”)
• The charges are dismissed by the court
• You’re found not guilty at trial
• The charges are never formally filed

The key term here is “charges,” not convictions. Once you plead guilty, no contest, or are found guilty of domestic violence, expungement becomes impossible in Florida.

Why Florida Law Is So Restrictive with Domestic Violence Cases

Florida lawmakers created these restrictions to protect victims and maintain public safety records. Like any criminal charges, domestic violence charges are eligible for expungement if they are not filed, dropped by the state, or dismissed by the court. The state recognizes the serious nature of domestic violence and wants to ensure that patterns of behavior remain visible to law enforcement and courts.

This approach affects more than just your criminal record. Domestic violence charges can impact domestic violence and child custody cases, employment opportunities, housing applications, and professional licensing.

The Path to Getting Charges Dismissed or Dropped

Since expungement only works when charges don’t result in conviction, your best strategy involves working with an experienced attorney who understands how to get charges dismissed. There are several approaches your legal team can take to work towards this goal.

Negotiating Case Dismissal

Only an experienced criminal defense lawyer who works hard to get the charges completely dismissed will achieve this type of outcome. Your attorney might identify weaknesses in the prosecution’s case, such as:

• Lack of physical evidence
• Inconsistent witness statements
• Improper police procedures during arrest
• Violations of your constitutional rights

Diversion Programs

Some prosecutors may offer diversion programs as an alternative to prosecution. Instead of entering a guilty plea, you can agree to go to a diversion program. You will need to complete the program and all of the requirements of the program. Upon successful completion, charges are typically dismissed.

Pre-Trial Intervention

First-time offenders sometimes qualify for pre-trial intervention programs. These require completing specific requirements like anger management classes, community service, or counseling. Demonstrating your success in these programs can lead to charge dismissal.

The Florida Expungement Process: Step by Step

If your domestic violence charges were dismissed or dropped, there are steps you and your legal team can take to pursue expungement.

Step 1: Obtain FDLE Certification

You must first apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. The processing time to determine eligibility is typically 12 weeks from the date that a completed application packet is received.

The application requires:

• Completed FDLE application form
• Fingerprints from a law enforcement agency
• $75 application fee
• Certified copies of court documents

Step 2: File Court Petition

Once FDLE approves your eligibility, you file a petition with the court that handled your case. This petition must include:

• The FDLE certificate
• Court filing fees
• Supporting documentation

Step 3: State Attorney Review

The State Attorney’s office reviews your petition and can object to the expungement. They have 30 days to respond.

Step 4: Court Hearing

If there are no objections, the judge may grant your petition without a hearing. If the State Attorney objects, you’ll need to attend a hearing where your attorney can argue for expungement.

Timeline and Costs

The entire expungement process typically takes 4-6 months, assuming there are no complications. There are some costs involved:

• FDLE application fee: $75
• Court filing fees: $75-$120
• Attorney fees (these can vary significantly)
• Additional costs for fingerprints and document copies

What About Sealing Records?

Florida law allows record sealing in limited domestic violence situations. The only way to seal domestic violence cases in Florida is if a defendant is found not guilty of the charge by a judge or jury. Sealed records aren’t destroyed but become accessible only to specific agencies and employers.

Common Obstacles and How to Address Them

There are a few common obstacles to getting your charges expunged in Florida. Each of these situations should be reviewed (and navigated accordingly) if they apply to your case.

Multiple Arrests

If you have other arrests on your record, expungement becomes more complicated. Florida generally allows only one expungement per person, with limited exceptions.

Pending Cases

You cannot expunge any charges while you have pending criminal cases anywhere in Florida.

Victim Cooperation

Sometimes victims want to drop charges, but prosecutors may proceed anyway. The decision ultimately rests with the State Attorney’s office, not the victim.

Why Professional Legal Help Matters

Avoiding domestic violence charges starts with understanding your rights, but once charges are filed, the stakes become much higher. The complexity of Florida’s expungement laws and the permanent nature of domestic violence convictions make professional legal representation crucial.

An experienced criminal defense lawyer can:

• Identify defense strategies specific to domestic violence charges in Florida
• Negotiate with prosecutors for charge dismissal
• Navigate the technical expungement process
• Protect your rights throughout the proceedings

Alternative Relief Options

If expungement isn’t possible, there are other options that might provide some relief. 

Pardons

The Florida Office of Executive Clemency can grant pardons, though these are rare and difficult to obtain for domestic violence cases.

Moving Forward: What You Can Control

Whether or not you can expunge your domestic violence charges depends largely on how your case resolves. The earlier you get experienced legal help, the better your chances of achieving a dismissal that makes expungement possible.

Remember that domestic violence charges carry serious long-term consequences beyond just criminal penalties. They can affect employment, housing, child custody, and your ability to possess firearms. Taking immediate action to protect your rights and explore all available defenses gives you the best chance of a favorable outcome.

If you’re facing domestic violence charges in Orlando or anywhere in Central Florida, the decisions you make now will impact your future for years to come. Understanding your options and working with an experienced attorney provides your best opportunity to protect your rights and your future.

The information in this article is for educational purposes and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Florida criminal defense attorney to discuss your particular situation.