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

Jacksonville, FL |

has the law of no seal or expunge for domestic battery been effective for the past 15 years in Florida - - - or when did it begin ?

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Attorney answers 4

Posted

If you otherwise qualify, you should be able to seal or expunge your domestic violence case. More information is needed to best assist you.

Posted

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 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.

Posted

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 Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

Posted

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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