Last updated December 2025
A domestic violence arrest can follow you for years—even if the case was dismissed, no-filed, or dropped. Many people are told “DV cases can never be expunged.”
That’s not entirely true.
👉 Short answer:
Sometimes yes — but the rules are strict.
Whether a domestic violence arrest can be expunged depends on how the case ended, what charges were filed, and your prior record. Understanding the difference can mean the difference between a clean background check and a permanent stain on your record.
⚖️ The Big Rule: Convictions Cannot Be Expunged
Under Florida law, no conviction for a domestic violence offense can be sealed or expunged.
If you were:
Adjudicated guilty, or
Convicted at trial, or
Pled guilty or no contest with adjudication
👉 Expungement is not available.
This includes convictions for:
Domestic battery
Domestic assault
Domestic strangulation
Violation of a domestic injunction
This rule is tied directly to Florida’s criminal history system and how convictions permanently appear on background checks.
✅ When a Domestic Violence Arrest Can Be Expunged
You may be eligible to expunge a DV arrest if all of the following are true:
✔ The case was dismissed, no-filed, or no-actioned
✔ You were never adjudicated guilty
✔ The charge itself is not disqualified by statute
✔ You have not already used your one lifetime expunction/sealing
Common qualifying outcomes include:
Prosecutor declined to file charges
Case dismissed after investigation
Charges dropped when the alleged victim recanted
Insufficient evidence
Successful pre-filing resolution
These scenarios are frequently discussed in cases involving recanting victims and victim credibility issues.
🚫 When DV Arrests Are Commonly Not Eligible
Even without a conviction, DV arrests are often ineligible if:
You previously sealed or expunged another case
The charge was amended to a disqualifying offense
You violated a no-contact order and picked up additional charges
You pled to a lesser offense with adjudication
The case involved certain disqualifying violent offenses
This is why DV record clearing must be reviewed case-by-case, not assumed.
🧠 Why DV Expungement Is So Often Misunderstood
People are frequently told they’re ineligible when they’re not because:
Clerks confuse dismissal with withhold of adjudication
Old injunction paperwork is mistaken for a conviction
Prior arrests from the same incident are miscounted
Record systems show incomplete dispositions
Attorneys assume “DV = never expunge” (which is wrong)
This confusion overlaps heavily with issues discussed in record restrictions and background checks, where DV arrests appear even without convictions.
🛡️ How We Approach DV Expungement Cases
At Michael White, P.A., we:
✔ Review the exact charge filed
✔ Confirm the final disposition
✔ Analyze whether the DV charge is statutorily eligible
✔ Check prior record-clearing usage
✔ Obtain the FDLE Certificate of Eligibility
✔ Prepare petitions judges are willing to sign
✔ Address companion arrests from the same incident
This is especially important when DV arrests are paired with charges like criminal mischief, disorderly conduct, or violation of pretrial release.
For the governing expunction statute: 🔗 Florida Senate – Fla. Stat. § 943.0585
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
A domestic violence arrest does not have to define your future — but waiting too long can limit your options.
Contact Michael White, P.A. today to determine whether your DV arrest qualifies for expungement and how to proceed correctly.