Most Domestic Violence charges are:
- Never officially filed.
- 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. All they see is a person that is violent towards women.
Most Domestic Violence Arrests are Dropped
Domestic violence arrests may be up 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.
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. However, if the charges are dropped or never filed on, then they can be expunged provided you qualify.
Expunging a Domestic Violence Arrest
Since most domestic violence arrests result in the case being dropped, many qualify to have the record of arrest expunged. The typical arrestee usually has no prior record and is employed.
How to Have Your Domestic Violence Arrest Expunged
You can start the process of expunging your domestic violence arrest by requesting information from me regarding the expungement process. See Form below.
Chances You Will Be Successful Expunging Your Arrest
As pointed out above, unless you have an extensive history or have been adjudicated guilty of a prior criminal offense, you should have no problem qualifying for this relief. Having it granted should not be a problem either, especially considering that most of these cases never had formal charges filed.
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.
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