Can You Seal a Florida Aggravate Battery or Florida Domestic Battery?

According to the Florida Statute Section 943.059, an individual may not have his criminal record sealed if it relates to “a violation enumerated in s. 907.041…without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense.” Florida Statute Section 907.041 lists aggravated battery and domestic battery as an enumerated crimes. However, Florida simple battery and Florida fighting or affray are not an enumerated crimes. Therefore, a Florida Criminal Defendant that has pled guilty or nolo contendere to a non-enumerated crime should be able to have his or her record sealed, so long as adjudication of guilt was withheld, according to the plain language of this Florida statute. This is not the case. The FDLE will reject the application. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.