Jacksonville Criminal Defense Lawyer Blog

Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can 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.

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?

In Florida, if a juvenile criminal defendant successfully completes a pretrial diversion program, his charges are dropped and he record may be sealed pursuant to Florida Statute 943.0582. Although this Florida Statute uses the term "sealed," it differs significantly with respect to the "record sealing" that most people are familiar with.

Most Florida record seals and expunctions are made pursuant to other Florida laws. Florida Statute Section 943.059 governs record sealing, while Florida Statute Section 943.0585 covers record expunctions. If a Florida criminal defendant wishes to have his record sealed or expunged under these statutes, he cannot have a prior record seal or expunction. However, a Florida juvenile criminal defendant that has had his Florida criminal record sealed in accordance with Section 943.0582 may have another charged sealed or expunged. Therefore, if a criminal defendant is otherwise eligible to have his record sealed or expunged pursuant to Sections 943.059 or 943.0585, a prior seal under Section 943.0582 will not prevent a subsequent one.

If you are interested in getting your Florida Criminal Record Sealed or Expunged, contact a Florida Sealing and Expunging Attorney.

As a general rule, you can seal or expunge a Florida criminal record so long as you have not been convicted of a crime. Therefore, if you received a withhold of adjudication, you can seal your record. However, there are certain criminal offenses that cannot be sealed or expunged, even if adjudication is withheld, if you plea guilty or no contest to the charge. These criminal offenses can be found in Florida Statute Section 907.041. For example, you cannot seal or expunge a Florida aggravated battery or Florida domestic battery if you have pled guilty or no contest to such charge. This is the law regardless of whether or not you received a conviction or a withhold of adjudication.

Two questions still remain: 

1. Can you seal a Florida aggravated battery or domestic battery record if you pled to a lesser or amended offense, such as a simple battery or fighting/affray?
2. Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

As a criminal lawyer that deals with many Florida record seals and expunctions, sometimes, I run into inconsistencies in a criminal record. For example, I called a Florida Clerk of Courts Office to get a certified copy of the disposition of a case. This document is needed when trying to seal or expunge a Florida record. However, the Florida clerk's office informed me that this record did not exists. Thus, according to the clerk, the criminal arrest never occurred. However, I was holding a Florida background check that showed the criminal offense, and this is what potential employers look at. Therefore, I still need to seal or expunge the record.

The problem: In order to get the process started for a criminal record seal or expunction, you must send a certified copy of the disposition of the case to the Florida Department of Law Enforcement with the application.

The issue: How do you send in a certified copy that does not exist?    

The solution: You must obtain a certified letter from the clerk of courts stating that the record does not exist.

To learn more about sealing or expunging a Florida Criminal Record, contact a Florida Criminal Sealing and Expunging Attorney.

Today, I received an interesting inquiry.  Someone asked me, "if a person has his Florida Criminal Record sealed, can he possess a firearm?"  There are a few reasons that a person may be prohibited from carrying a firearm in Florida as established by Chapter 790 of the Florida Statutes.  Most Jacksonville residents that I have talked with are unable to possess a Firearm due to a prior felony conviction.  Therefore, let us assume that a convicted felon would like to have his record sealed in order to purchase a firearm.  He cannot do this.  

"Can I seal my Florida Criminal Record" is a question that I am asked almost everyday.  While each Florida Record Sealing case is different, you can evaluate your case by answering a series of questions.  I have included these on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585 which addresses court-order expunction of Florida criminal history records.  

"Can I expunge my Florida Criminal Record" is a question that I hear often.  As with all other aspect of the law, each Florida Record Expunction is different.  However, you can evaluate your case by answering a series of questions which I have posted on Apple Law Firm PLLC's website at www.jacksonvillelawyer.pro.  I developed these questions based on Florida Statute Section 943.0585.  This Florida law addresses court-order expunction of Florida criminal history records.  

We all make mistakes as juveniles.  Sometimes, that juvenile mistake can lead to an arrest.  Most Jacksonville Juvenile Lawyers and Prosecutors will agree that early intervention in Jacksonville juvenile cases is the best solution.  In many Jacksonville juvenile cases, the defendant is not a repeat offender.  Often, the juvenile is a first time offender that made a poor choice and is scared of the juvenile justice system.  The best way for a Jacksonville Juvenile Lawyer to handle a juvenile case is to divert the case out of the courtroom and into a diversion program.  Once the Jacksonville juvenile successfully completes the diversionary program, his charges will be dropped.  This is beneficial to the Jacksonville juvenile for numerous reasons.  First, the Jacksonville juvenile's charges will be dropped, which is the best possible outcome in any case.  Second, if the Jacksonville juvenile charges are dropped, he can petition the Florida Department of Law Enforcement to get his Florida record expunged.  

We all make mistakes or do something that we later regret.  As a Jacksonville criminal lawyer, I see this all to often.  A Florida resident commits a minor crime, and his Florida criminal background haunts him.  Sealing a Florida criminal record can help.  By obtaining a seal on a Florida record, it is not open to the public.  A Florida record seal prevents most people from viewing your criminal record. 

As a Jacksonville Criminal Attorney, I have represented many criminal defendants in Jacksonville, Florida.  Many people think that a Jacksonville Criminal Attorney must represent "bad" people, but this is not always the case.  Bad things can happen to good people, so they need a Jacksonville Criminal Attorney to work hard for them.  However, even if the charges are dropped, the arrest can result in a Florida criminal record.  A Florida criminal record can haunt a person forever.  

In Jacksonville Florida, a person convicted crime cannot seal or expunge his criminal record.  However, if a Florida criminal defendant is given a withhold of adjudication on the crime, he may be able to seal his Florida record.  According to Florida's expungement law, that criminal defendant must have his Florida criminal record sealed for 10 years in order to expunge his Florida criminal record. 

Bad things happen to good people.  Not everyone that has been arrested deserves to have a criminal record.  A criminal record will follow a person forever, but there is a way to fix this.  In Jacksonville, Florida, you may be able to get your record sealed. To seal a record in Jacksonville, Florida, there are certain requirements that must be met:

Everyone makes mistakes.  Sometimes, a mistake can result in a criminal record.  This criminal record will follow a person forever, but there is a way to fix this.  In some cases, you may be able to get your record expunged. To expunge a record in Jacksonville, Florida, there are certain requirements that must be met:

According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record.  South Carolina has certain requirements that must be met.