Jacksonville Criminal Defense Lawyer Blog
- I was charged with Aggravated Battery/ Domestic Battery, could I have this charged Sealed or Expunged?
The answer to this inquiry depends upon several factors. These factors include: 1. How was the case adjudicated? 2. What does Florida Statutes state? And 3. Have you had a Florida Criminal record Sealed/Expunged before? The answer to these few questions will determine the possibility of sealing or expunging that Florida Criminal Record.
A Florida criminal record may be sealed pursuant to Florida Statute § 943.0585. In addition to the requirements listed in the Statute above, Florida Statute § 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you could be eligible to expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant’s application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney. Finally, Florida law only allows one criminal arrest to be sealed or expunged. Therefore, if you have had a record sealed or expunged before, you are not eligible to have another record sealed or expunged.
- Can you seal a Florida aggravated battery or Florida domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?
According to Florida Statute § 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.” Furthermore, Florida Statute § 907.041 lists aggravated battery and domestic battery as 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.
These are just two examples of inquires I get on a daily basis regarding Florida Record Seals and Expunctions. If you have a Florida Criminal past that might be hindering your future, contact a Jacksonville Criminal Attorney to discuss your Criminal history and make the initial determination as to your applicability to a Florida Record Seal or Expunge.