Can an Assault Conviction Be Expunged

Can an Assault Conviction Be Expunged

Unfortunately, a criminal record can have a serious impact on your ability to find a job, find a decent place to live, or gain admission to the college or university of your choice. In some cases, however, depending upon the nature and circumstances of the offense, you may be eligible to seal or expunge a criminal record in Florida. To seal or expunge your criminal record, the case that you seek to seal or expunge must be closed, and all probationary terms must be completed. The Clerk of the Court, as well as the arresting police agencies, destroy expunged criminal records. The court’s online search database, which the public-at-large may view, will also erase expunged records. The knowledgeable St. Petersburg criminal defense attorneys at Khonsari Law Group may assist you with sealing or expunging your criminal record. Once your record is sealed or expunged, others may only view it under very limited circumstances.

Requirements for Sealing or Expunging a Criminal Assault Record in Florida

To seal or expunge a criminal record, the Florida Department of Law Enforcement (FDLE) must determine that you are eligible to do so. If you have ever been found guilty (or adjudged delinquent as a juvenile) of any misdemeanor or felony crime—including assault—then you will not be able to seal or expunge your criminal record. To expunge your criminal assault record, you must have received one of the following results in your case:

• No action was taken – If, after you were arrested on your assault charge, the State’s Attorney’s Office reviewed the facts and circumstances of your arrest, and, for whatever reason, decided not to file any charges against you.

 

• Nolleprosse (dismissal) – If, after you were arrested on your assault charge, the State’s Attorney’s Office filed formal charges against you but later dismissed those charges. The State’s Attorney may dismiss charges against someone based upon a lack of evidence, problems with witnesses, participation in pre-trial intervention programs, or other similar reasons.

 

• Acquittal by a Florida judge or jury at trial – In cases where you went to trial and a Florida judge or jury found you not guilty of the charge or charges that were brought against you by the State Attorney.

  Under Florida law, you are not permitted to have your criminal assault record sealed or expunged after a guilty plea or a trial in which a Florida court convicted you of the crime. Moreover, under Florida law, if you have ever been charged with aggravated assault (or aggravated battery), your criminal record can never be sealed or expunged.

Contact a St. Petersburg, Florida, Expungement Lawyer Today to Discuss Your Case

Quickly Sealing or expunging a criminal record can have lifelong benefits. However, to do so, you must fulfill the requirements imposed by Florida law. To schedule a free consultation and case evaluation with a St. Petersburg, Florida, criminal expungement lawyer, please call us at (727) 269-5300 or contact us online.