Can a misdemeanor domestic battery charge be changed or sealed or expunge in Florida according to Florida laws 10 years ago ?

Attorney answers (4)

1. Licensed in FL

   

   William Corzo

   Kissimmee Criminal Defense Attorney

   Contributor Level 10

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   Answered February 20, 2013 18:24. If you otherwise qualify, you should be able to seal or expunge your domestic violence case. More information is needed to best assist you.

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2. Licensed in FL

   

   Harrison Poole

   Fernandina Beach Criminal Defense Attorney

   Contributor Level 9

   Answered February 21, 2013 07:52. No, any conviction for a crime of domestic violence disqualifies the person from sealing or expunging a record in Florida.

   Every situation is different and no one should rely solely on information received from the internet. If you have... moreEvery situation is different and no one should rely solely on information received from the internet. If you have any questions about your legal rights, you should consult with an attorney that practices in that area of law. Nothing in this message should be construed as creating any type of attorney-client relationship. less

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3. Licensed in FL

   

   Stephen MoscaPro

   Jacksonville Criminal Defense Attorney

   Contributor Level 17

   

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   Answered February 21, 2013 14:12. Your question is a good one, but rather than try to find when that sealing/expungment restriction came into being, it would be far simpler to know when your domestic battery offense occurred and check the statutes for that year.

   The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... moreThe above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts. less

   • Mosca Law Firm, PA - Jacksonville

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4. Licensed in FL

   

   Joseph Lea

   Orlando Criminal Defense Attorney

   Contributor Level 11

   Answered February 21, 2013 14:16. In order to seal an arrest record, a withholding adjudication has to have entered by the Court in the disposition. There are certain crimes that will not allow a sealing even though a defendant received a withholding adjudication. Those Crimes are set forth in F.S. 943.059;
   
   An expunction is only allowed when the case is dismissed or dropped by the State. The statute on expunction is F.S. 943.0585 which also has certain exceptions to the granting of an expunction.
   A close reading of these statutes will set forth the procedure and requirements of obtaining a sealing or expunction.

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