One of the biggest questions people have after a domestic battery arrest is whether the case will be permanently on their record.
The answer depends on how the case is resolved—not just the arrest.
Key Rule:
If you are convicted, a domestic battery case cannot be sealed or expunged in Florida.
This is true even for first-time offenders.
A withhold of adjudication which means no conviction will still stay on your record forever. Domestic Batteries in Florida are one of the few crimes that cannot be sealed even with no conviction.
This means avoiding conviction is a critical part of the defense strategy.
When You Can Seal or Expunge
You may be able to seal or expunge your case if you otherwise qualify:
Outcome | Eligible? | Notes |
Case dismissed / nolle pros | ✅ Yes you can Expunge | Best outcome. We request expungement after dismissal. |
Withhold of adjudication | ❌ No sealing or expungement. | This is why avoiding a plea to Domestic Battery is so crucial. |
Guilty plea or trial conviction | ❌ No sealing or expungement | The record is permanent. |
Defense Strategies:
We focus on:
- Inconsistencies in statements
- Lack of injury
- Witness credibility
- Mutual confrontation evidence
- Requests from the alleged victim (when appropriate)
How We Approach These Cases
Our defense strategy is designed to avoid:
- Conviction
- Batterers’ Intervention Program (26 weeks)
- Stigma and long-term consequences
When eligible, we pursue dismissal or amendment of charges so that we can later expunge the record.
Takeaway
If you want the option to seal or expunge, you must focus on avoiding entering a plea to Domestic Battery from the start.
Do not go into court alone. Do not assume “it’s just a misunderstanding.”
Call for a Confidential Consultation
If you have been arrested for domestic battery and want to protect your record:
Call Mesic Law at (904) 615-8950.