Sexual Battery vs. Sexual Assault: What the Words Mean Under Florida Law

Sexual battery vs sexual assault in Florida is a question that matters when you think about sealing a record. Florida law calls the offense sexual battery. Whether that record can be sealed or expunged depends on how the case ended and what the record shows. Under Fla. Stat. § 943.0584(2)(m), a criminal history record is ineligible for a certificate of eligibility for expunction or sealing, and for a court-ordered expunction or court-ordered sealing, if the record is a conviction for any offense defined in chapter 794. This guide explains the terms, the process, and the questions to ask.

Sexual Battery vs. Sexual Assault: What Florida Law Calls It

Florida law calls this offense sexual battery, and the statute is Florida’s sexual battery statute, Fla. Stat. § 794.011. Sexual assault is a broader, everyday phrase. People use it in news stories, websites, and conversation for many kinds of unwanted sexual conduct.

Arrest reports and court papers use the statutory name for the charge. So the label on your paperwork is the one that matters for sealing and expunction.

The statute also defines consent. Consent means intelligent, knowing, and voluntary consent, and it does not include coerced submission. A person’s failure to resist does not count as consent. Consent is central to these cases, so this definition matters when you read the charge.

Start by checking the exact wording on the arrest report and the court docket.

Sealing vs. Expunction: Two Different Processes in Florida

Sealing and expunction are separate court processes. Each has its own eligibility rules. A record can qualify for one and not the other.

Expunction is governed by Fla. Stat. § 943.0585. Under that section, a court may order expunction for one arrest or one incident of alleged criminal activity, or for more than one arrest if the additional arrests directly relate to the original arrest.

Sealing is governed by Fla. Stat. § 943.059. A sealed record is generally kept out of routine public view and is available only to certain persons and entities, including the subject of the record and judges for case-related decisions.

Neither process erases every trace of a case. Under the sealing statute, the department shall disclose the sealed criminal history record to certain licensing and employment entities. Fla. Stat. § 943.059 reads: “An employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., subparagraph (b)10., or subparagraph (b)11. may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions.” Read the effects of each process before choosing one.

How the Case Ended Decides Eligibility

How the case ended is the first thing that decides eligibility. Expunction can become available when no charging document was filed. It can also become available when a charge was dismissed, dropped through a nolle prosequi (the prosecutor drops the charge), or ended in acquittal or a not-guilty verdict.

Withheld adjudication works differently. Under Fla. Stat. § 943.0584, a conviction includes a guilty or no contest plea even when the judge withholds adjudication.

Prior history also matters. A prior sealing can affect eligibility for expunction, too.

A pending case matters as well. Florida’s rule for petitions requires a sworn statement that no other petition to seal or expunge is pending before any court. The statute sets the exact conditions. Compare your own disposition against the text before you decide anything.

Extra Restrictions for Sex-Related Offenses

Under § 943.0584, a criminal history record is ineligible if it is a conviction for any offense defined in chapter 794. Under the same section, a conviction includes a determination of guilt or a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. The same section lists other sex-related offenses, including certain lewd or lascivious offenses against minors.

Registration is a separate track. Failing to register or report required changes is a third-degree felony, and each failure counts as a separate offense.

Sealing or expunction does not end these duties on its own.

The Florida Process: FDLE Certificate, Petition, and Court Order

For sealing, the first step is a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). Under § 943.059, a person must apply to the department for that certificate before petitioning the court.

Next, the petition goes to the clerk. Under Fla. R. Crim. P. 3.692, the petition must be in writing. It must include a valid certificate of eligibility and a sworn statement. The completed petition is served on the prosecuting attorney and the arresting authority.

The prosecutor and the arresting agency may respond. The court may receive evidence on any factual issue. The court may deny the request at its sole discretion. It also cannot order an agency to seal or expunge until the petitioner has applied for and received the certificate.

The petitioner pays for certified copies unless the petitioner is indigent. Common setbacks include incomplete paperwork and missing certified copies. Keep a copy of every court document.

What a Sexual Battery Conviction Can Mean Under Florida Law

For purposes of § 943.0584, a “conviction” means a determination of guilt that results from a trial or from the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld; if the defendant was a minor, it also means a finding that the defendant committed or pled guilty or nolo contendere to committing a delinquent act, regardless of whether adjudication of delinquency is withheld. That is why the difference between a conviction and a case that ended without one matters so much.

Sexual battery is a felony. The penalty depends on the subsection charged and the facts alleged. Some subsections carry first-degree felony penalties, with a term of years up to life (Fla. Stat. § 794.011).

Florida law also bars a judge from withholding adjudication for a first-degree felony (Fla. Stat. § 775.08435). For a second-degree felony, withholding requires a written request from the state attorney or written court findings that it is reasonably justified, and no adjudication of guilt may be withheld if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.

Outside the courtroom, a conviction can affect jobs, licenses, housing, and immigration status. How much it matters depends on the person and the record. Do not assume the result of one case from general rules alone.

Non-Citizens and Licensed Professionals: Added Questions

Non-citizens and licensed professionals need review beyond Florida’s sealing rules.

For non-citizens, federal immigration law sets its own grounds for deportability. Under federal immigration law, certain criminal convictions can make a non-citizen deportable.

For licensed professionals, boards and employers may ask about records. The expunction statute says an expunged record kept by the department is confidential and not available to any person or entity except upon court order, except that the department must disclose that the expunged record exists to certain listed employers, licensing agencies, and other entities for their licensing, access authorization, and employment purposes, and to criminal justice agencies for their criminal justice purposes. A person may not lawfully deny the arrest in certain situations, such as when seeking to be employed or licensed by the Department of Education or certain schools. Review disclosure questions for your specific license and your specific record.

Bring the full record to any review. That includes charging documents and final dispositions.

Steps to Take Now With an Old or Pending Record

Start by collecting the complete paperwork. You will want:

• The arrest report
• The charging document
• The court docket
• Any dismissal order or nolle prosequi paperwork
• Certified copies of the final judgment or order, if one exists

Your sworn statement must also be accurate about any other pending petition.

Avoid discussing the case in writing, on social media, or with police without advice. A statement can affect the defense of a pending case. Each step applies differently depending on the facts of the case.

Frequently Asked Questions About Sealing and Expunging a Sexual Battery Charge

Talk Through Your Record With Patrick Wilson Law

Looking into an old arrest or a pending case, perhaps for a family member, can feel urgent and personal. Patrick Wilson Law, PLLC is a Miami criminal defense firm. Patrick David Wilson is the responsible lawyer for this page. The firm handles sexual battery defense and sealing and expunction matters for people from Miami-Dade and Broward County to the Florida Keys.

The first consultation is free, confidential, and carries no obligation to continue.

If you’re reviewing an old arrest or a pending sexual battery case, for yourself or someone close to you, you don’t have to work through the record alone. Call 786-761-1719, leave a message, or request a free consultation.