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Seal or Expunge an Assault Charge

Can you seal or expunge an assault charge in Florida? It’s complicated.

If the assault charge is dropped or dismissed, then you might be eligible to expunge the record, but only if you have no other convictions in Florida that would disqualify you for this type of relief.

On the other hand, if you are “convicted” of any form of assault, even a misdemeanor, you will never be eligible to seal or expunge that record. Not only that, but you will not be eligible to seal or expunge any other criminal record in your lifetime.

Most misdemeanor convictions will not prevent you from sealing or expunging another qualified criminal history record. But a misdemeanor “conviction” for assault under s. 784.011 is particularly serious because it will automatically prohibit you from ever being eligible to seal or expunge any other record in Florida.

Likewise, you become ineligible to seal or expunge any Florida record after a misdemeanor conviction for assault on a law enforcement officer, a firefighter, or other specified officers under s. 784.07(2)(a).

For this reason, it is important to avoid a “conviction” by getting the court to withhold adjudication so you might be eligible to seal the record.

Some types of assault charges, however, are not eligible to be sealed even if the court withholds adjudication including:

    • any crime of “domestic violence” committed by one family or household member against another family or household member, as defined in s. 741.28(3);
    • any form of aggravated assault, as defined in s. 784.021.

If you have questions about whether you can seal or expunge an arrest record after an arrest for assault, then contact the criminal defense attorneys at Sammis Law Firm in Tampa, FL.

Attorneys to Seal or Expunge an Assault in Florida

If you were charged with any form of felony or misdemeanor assault, contact us to find out if you are eligible to seal or expunge the record. We can explain the eligibility rules and the entire process.

The criminal defense attorneys at Sammis Law Firm charge a flat fee of $950 to seal or expunge a criminal history record in the Tampa Bay area.

We file petitions to seal or expunge a record in Hillsborough County, and the surrounding counties Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, or Polk County, FL.

Call 813-250-0500.


Additional Resources

Assault or Aggravated Assault – Read more about charges for assault and aggravated assault under Florida Statute § 784.011. Find the penalties for simple assault, a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.

Aggravated Assault with a Deadly Weapon – Read more about felony versions of assault including “aggravated assault” which requires proof that the crime was committed with a deadly weapon. The most serious form of aggravated assault occurs when a firearm is discharged which is a first-degree felony that comes with a mandatory prison sentence of up to 20 years.


This article was last updated on Friday, October 11, 2019.

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