ERIC J DIRGA, PA
Table of Contents
Most Domestic Violence charges are:
- Never officially filed (No Information).
- Dropped by the Prosecutor if they are filed on.
- Typically involve false or embellished allegations.
- Are eligible to be expunged from your record.
Why You Should Expunge Your Domestic Violence Arrest
You should expunge a domestic violence arrest for the same reasons you would want to expunge any other arrest. Domestic violence charges are a stigma and seen in a very negative light even if they have been dropped.
Domestic Violence is a Stigma
When people see that you were arrested for domestic violence they assume the worse. They may never even look far enough down to see that the charges were dropped or never even filed on, or your record may not even have the disposition (inaccuracies). All they see is a person that is violent towards women.
Most Domestic Violence Arrests are Dropped
Domestic violence arrests may be rising but the conviction rate is extremely low. Most domestic violence arrests are made because law enforcement feels compelled to make the arrest – not because there is enough evidence.
Most domestic violence arrests result in the State Attorney deciding to not file charges or to drop the charges. You still have an arrest record for domestic violence but the disposition is that it was never pursued.
Can a Domestic Violence Arrest Be Expunged or Sealed
There is a difference between sealing an arrest record and expunging an arrest record. Both have certain requirements to qualify for such relief.
If you have been found guilty for a charge of domestic violence, you cannot seal it. Domestic violence charges are prohibited from being sealed once you have been found guilty or admitted to it.
However, if the charges are dropped or never filed on, then they can be expunged provided you otherwise qualify.
Expunging a Domestic Violence Arrest
Since most domestic violence arrests result in the case being dropped, many people qualify to have their record of arrest expunged. Because these arrests are politically and emotionally motivated and receive undue focus in the news, getting rid of it as soon as possible is the best first step.
You can start the process of expunging your domestic violence arrest by requesting information from me regarding the expungement process. See Form below or click this link.
Statistics From the Florida Department of Law Enforcement
I will briefly digress. The ⚖ Florida Department of Law Enforcement [FDLE] keeps statistics on these offenses. The main reason is to ensure continued federal funding of domestic violence programs.
These statistics show that in Florida during 2016 nearly 110,000 domestic violence incidents were reported. Out of that number, nearly 64,000 arrests were made. However, it is unknown how many of those arrests resulted in convictions or finding of guilt because those stats are not posted publicly by FDLE. The reason is probably because the stats are so low.
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