Jacksonville Criminal Defense Lawyer Blog

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.

After researching such questions and submitting cases to the Florida Department of Law Enforcement (FDLE) for review, it appears that you cannot have the record sealed if you pled to a lesser or amended offense, but you can if the charges were dropped.  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.  

I do not agree with the FDLE's decision to reject a Florida Criminal Defendant's application for a certificate of eligibility for someone that has pled to a lesser offense and is applying to have his record sealed.  A person's criminal background can make or break him.  It makes a person less marketable in an already overly competive work place.  As such, many Florida residents are being denied job opportunities.  If this has happened to you, and you would like to fight this decision, contact a Florida Record Sealing Lawyer. You only have 30 days from the date of the FDLE's rejection letter to petition the court for a writ of mandamus.  

Under Florida law, Jacksonville battery occurs when a person intends to (1) touch another person against that person's will or (2) cause bodily harm to another.  Jacksonville battery is a first degree misdemeanor, so it is punishable by up to one year in jail.  If the battery between Osbourne and Hauserman had occurred in Jacksonville, Osbourne could face jail time.  

To learn more about Jacksonville battery, contact a Jacksonville battery attorney or visit www.jacksonvillelawyer.pro.