A Fort Lauderdale Criminal Defense Attorney Explains Restrictions for Sealing or Expunging Domestic Violence Records
Many misdemeanor and felony dispositions can be sealed or expunged in a separate civil process. Many records can be sealed when the resulting disposition is withheld from adjudication. All records can be expunged with a dismissal or when the State declines to file the case. A record can be sealed after an acquittal by trial but may not be expunged.
However, any plea that results in a domestic violence disposition or that does not include a dismissal may not be sealed. It will become a permanent record. F.S. 741.28 considers domestic violence a dangerous crime and excludes any domestic violence disposition from eligibility for sealing.
For this reason, Fort Lauderdale Domestic Violence lawyer Dave Simmons knows the importance of avoiding any disposition under the domestic violence umbrella. We'll review sealed and expunged records and when you may be able to have domestic violence charges sealed.
What Is a Sealed Record?
When a criminal record is sealed, the record is closed to the public except under a very limited set of circumstances outlined in F.S. 943.059, which also outlines the policies and procedures for sealing a record.
Once a record is sealed, it is not subject to the Florida Public Record Law outlined in F.S. 11907(1). This law states that public records are available to anyone upon a proper request. When the record is sealed, it is only available to the individual who is the subject of the sealed record and any criminal justice agency, including background checks for purchasing firearms.
Having a record sealed or expunged after the conclusion of a domestic violence case is extremely beneficial. Generally, a person with a sealed record, may lawfully deny that the incident ever happened and to the actual existence of the record. This includes employment applications etc. However, there are some exceptions to this general rule. These include the following:
- Any law enforcement agency
- The Department of Education
- The Department of Children and Family Services
- Any licensee or contractor dealing with children
- Any public or private school
- The Florida Bar
An individual will be required to disclose to these entities that a record has been sealed or expunged.
Any record that has been sealed for at least 10 years, is eligible to be expunged.
What Is an Expunged Record?
An Expunged record is very similar to a sealed record with the main goal to make the record inaccessible to the public.
However, there are a few notable differences between the two. First, most agencies in possession of an expunged record physically destroy it. Conversely, a sealed record is maintained, but its contents are restricted and confidential.
Records that are dismissed by the state are eligible for expunging. A disposition of a withheld adjudication may be sealed pursuant to the exceptions outlined in F.S. 741.29.
Circumstances When a Domestic Violence Charge May Be Sealed
One option for sealing a domestic violence record is to apply and be accepted into a pre-trial diversion program. This option is especially necessary if the state has a strong case against you. The State may require you to complete community service hours and a Batter’s Intervention Program, and upon completion of the program, the State will dismiss the charge, clearing the way for the record to be eligible to be expunged.
Another option is to negotiate with the State Attorney and come to an agreement that the charge shall be deemed not “domestic” in nature, and with this stipulation, the charge could be sealed upon a withheld adjudication.