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Expunge your Domestic Violence arrest for background checks
Posted by: Thomas Grajek  | On 01st January, 2013

Problems finding a job or renting a place to live?

Need to get an arrest off your record because you are licensed by the State of Florida?

Nurses, teachers, attorneys, dentists, LPNs, etc. need to expunge their arrests.  Retain a lawyer to expunge or seal your charges from public records.

One of the most common calls I get is about sealing or expunging a an arrest.  In particular and arrest for Domestic Violence.  It can be especially frustrating for people who have had their violence charge dropped, yet the DV arrest is still showing up on background checks and preventing them from getting a job.

Most police departments and sheriff offices have a policy that when they are called out on a Domestic Violence situation, the police officers HAVE to make an arrest.  Even if no act of domestic violence occurred, someone is going to jail

This is because of the fear officers and deputies have that if someone is not removed from the potentially dangerous situation, the argument could escalate to physical violence and a battery, strangulation, or even murder might occur.  Ever since the OJ Simpson case, law enforcement’s policy to arrest for any domestic violence call has been in effect.

I have received calls numerous times where no battery or touching occurred, no crime occurred, and the alleged battered spouse or alleged victim is upset their loved one got arrested because nothing happened.  Many times, the alleged victim of a DV is not even the person who called the police.  Sometimes it is a neighbor or the even the DV suspect!

 So, eventually, a good defense lawyer gets the domestic violence charges dropped.

Why is this arrest still on your background check?  

Because you must expunge the arrest to remove it from criminal employment background checks.


This is do to premises liability.  Employers are afraid of getting sued by personal injury attorneys if they hire anyone who was ever been arrested for a crime of violence.  Under federal law, an employer may not discriminate based upon an individual’s criminal arrest record, but an experienced sealing an expunging attorney knows in reality it happens all the time.  The resume or application of a person with a history of domestic violence, battery, or other crime of violence, is put at the bottom of the pile and never even gets considered for the job.  This is because the employer is afraid of being sued.  A customer or co-worker says you hit them, then hires an attorney to sue for assault & battery (unlawful touching) whether it actually occurred or not.  The victim will sue you AND, more importantly, your employer! WHY? Because the employer has deep pockets.  That means the employer money to pay a judgment for your battery.  The theory is that the employer should have done a background check on you, seen the arrest for a crime of violence (even if it was more than 10 years ago, even if charges were dropped because no crime occurred), and hired security to protect the workplace from this allegedly violent person, which is you!

This is why in addition to getting the domestic violence charge dropped, whether it is a felony or misdemeanor, you must also get the domestic violence arrest expunged.  You can only seal a domestic violence record if you go to trial and are found not guilty.  Domestic violence is a special crime that can not be sealed even if you received a “withhold of adjudication”.  By expunging your domestic violence charge, it will unarrest you, and remove that arrest from your criminal background check.



Thomas C. Grajek  863-688-4606

Handling ALL criminal arrest sealing and expunging cases in Polk County and throughout the state of Florida.

Related Articles You Might Like

Defense for Domestic Assault & Violence
Can Domestic Violence Charges Be Expunged or Sealed in Florida?

Tags: arrest background check battery Domestic Assault Violence domestic violence expunge expunge arrest misdemeanor Polk County seal seal arrest


Jan 2013


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112 E Poinsettia St Lakeland, FL, 33803

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(813) 789-6404


24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660


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