Self-Defense Expunction

If your case is dismissed by the court for lawful self-defense or if the prosecutor drops the charges for this reason, then we can help you apply for a special type of administrative expunction.

Section 943.0585(5), Florida Statutes, and Rule 11C-7.006, Florida Administrative Code explains the requirements of the self-defense expunctions.

We can help you obtain the “Lawful Self-Defense Certificate of Eligibility” if:

• the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense;
• the acts of self-defense were pursuant to the provisions related to the justifiable use of force in Chapter 776, Florida Statutes; and
• the state attorney never filed the charges, or after filing the charges, the charges were dismissed by the state attorney or the court.

Florida law provides pros and cons for applying for a self-defense expunction instead of a regular court-ordered expunction. But if you qualify for a self-defense expunction, you should probably petition for that relief to avoid using your one-lifetime chance at the court-ordered seal or expunge.

The self-defense expunction is particularly important if you are not otherwise eligible for the court-ordered expunction. In some ways, it operates like a hybrid of the administrative expunction but with the added benefit of allowing you to request the court to also expunge the criminal history record. The judge still has the discretion to deny that request.

Attorney for the Self-Defense Expungement in Florida

For information on how to apply for Lawful Self-Defense Expungement, contact an experienced criminal defense attorney at Sammis Law Firm.

Our main office is located in downtown Tampa in Hillsborough County. Our second office is located in New Port Richey, across from the West Pasco Judicial Center.

We can help you seal or expunge a criminal record in Hillsborough County, Pasco County, or any of the surrounding counties in the greater Tampa Bay area.

Call 813-250-0500.

Florida Statute Section 943.0578 Lawful self-defense expunction.—

(1) Notwithstanding the eligibility requirements defined in s. 943.0585(1) and (2), the department shall issue a certificate of eligibility for expunction under this section to a person who is the subject of a criminal history record if that person has obtained, and submitted to the department, on a form provided by the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to chapter 776.

(2) Each petition to expunge a criminal history record pursuant to this section must be accompanied by:

(a) A valid certificate of eligibility for expunction issued by the department pursuant to this section; and
(b) The petitioner’s sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief.
Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court.

(4) Section 943.0585(5) and (6) apply to an expunction ordered under this section.

(5) The department shall adopt rules to establish procedures for applying for and issuing a certificate of eligibility for expunction under this section.

History.—s. 47, ch. 2019-167.

Additional Resources

Read more about the procedures related to the use of deadly force in self-defense cases or the use of non-deadly force in self-defense cases.

This article was last updated on Friday, November 30, 2024.