Are Domestic Violence Case Records Public?

Being charged with a crime of domestic violence is a serious life event that must be taken seriously. Even if you are not ultimately convicted of this type of offense, it is important to realize that unlike in many other states, any state proceeding in Florida – including most lawsuits and criminal cases – is considered public record. This can cause major problems for a defendant later on in life.

Most Are (With Exceptions)

Access to public records is considered so important in Florida that it is the only state with an amendment in its constitution guaranteeing it as a right. Between this and Florida’s “sunshine” laws governing public meetings, Floridians should be aware that most of their interactions with the state government will be public (though there are exceptions in the law to protect sensitive personal information). While this is normally a good thing, there are obvious potential privacy concerns.

As a general rule, civil courts tend to be more public than criminal courts, simply because the stakes are higher in criminal court. Cases involving crimes of domestic violence are among those most often redacted in public records, since it would be emphatically against public policy to place such vulnerable people in danger. This applies both to court proceedings and to petitions for domestic violence injunctions – the safety of the petitioner/alleged victim is put first.

Sealing Or Expungement?

While Florida’s law counts several different crimes as domestic violence offenses, it is important to keep in mind that if you are convicted of this type of crime as an adult, your criminal record cannot be sealed, and the offense cannot be expunged under Florida law. If the charges were dismissed or dropped by the state’s attorney’s office, however, you may be eligible for an expungement. Minors may also be able to have their records sealed in the appropriate court.

If you have been charged with a domestic violence crime in Florida, the most important thing you can do is contact an attorney who will fight to keep your record clear. A blight on your criminal record can impact your ability to get a job and a place to live; if your attorney is able to negotiate a deal that keeps this blight off your criminal record, you may be able to escape significant time and trouble in the future.

Contact A West Palm Beach Domestic Violence Defense Attorney

Being charged with a crime of domestic violence can be a frightening prospect, and knowing that proceedings are likely to be public record can make it worse. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. will work hard to protect your rights and reputation. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

flsenate.gov/Laws/Constitution#A1S24