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Can I seal or expunge a felony for Aggravated Battery. Or reopen case or petition a lower charge.

Pompano Beach, FL |

Charge was aggravated battery with a deadly weapon, the circumstances involved my being intoxicated and a security guard tackling me and getting cut by a knife which was in my pocket. I was given 6 months at a halfway house and 3 years probation I was given probation which was terminated early. I was never told by my lawyer the charge would be forever with a no contest plea. Can I reopen the case or petition that the charge be lessened. I am 24 and in college. The charge occurred when I was 20 years old and it has haunted my job finding abilities and life.

Attorney Answers 4


  1. This is another example of why you should pay money and hire a private attorney to represent you in a criminal matter and if you can't afford it you should find a way to do so. Once you plea out a case and serve the sentence, the case is closed. You can't go back in time and most likely the physical file has been destroyed.

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You


  2. This case would be very difficult to reopen, given its age. It also sounds like you were convicted. EIther way, aggravated battery is one of the enumerated offenses that can never be sealed or expunged. You should talk to a local lawyer in that county to see if it's even possible to reopen the case. But the facts that a knife was involved and someone was cut with it does not make it look good to me. The longer you wait, however, the more difficult it will become. That is, if it isn't already impossible.


  3. This is an unfortunate situation and, as already stated, there may be very little in the way of further action available to you.

    But Mr. Rose is just plain wrong in stating that this situation is a consequence of your reliance on a Deputy Public Defender rather than a private attorney -- assuming that you were in fact represented by the Public Defender, your question does not say.

    In fact, in most instances, the public defender's office in your jurisdiction is highly skilled, and very much respected by the local judges who see them in court on a daily basis.

    Your attorney should have advised you that your plea would leave you with a criminal record. But, frankly, you were told in the course of the recitals that were part of taking your plea. You may not remember that, or you may not have understood what was said at the time. But good judgment, analytic skill, and objectivity should preclude any attorney from using your unfortunate circumstance as an opportunity to gratuitously slam the skills and reputation of a whole office of fine attorneys without any facts to support the conclusion that the practice standards of that office are the cause of your dilemma.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  4. No, it is impossible to seal/expunge your case. First, not all charges can be sealed or expunged in Florida. As you can see from the list below, aggravated battery is one of 22 types of charges that can never be sealed or expunged in Florida.

    - Arson
    - Aggravated Assault
    - Aggravated Battery
    - Illegal use of explosives
    - Child abuse or Aggravated Child Abuse
    -Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
    - Aircraft piracy
    - Kidnapping
    - Homicide
    - Manslaughter
    - Sexual Battery
    - Robbery
    - Carjacking
    - Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
    - Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
    - Burglary of a dwelling
    - Stalking and Aggravated Stalking
    - Act of Domestic Violence as defined in s. 741.28 F.S.
    - Home-invasion Robbery
    - Act of Terrorism as defined by s. 775.30 F.S.
    - Manufacturing any substances in violation of chapter 893
    - Attempting or conspiring to commit any of the above crimes

    Second, a case cannot be sealed or expunged if you were convicted. If you did NOT receive a withhold of adjudication, then that is another reason why you would not be able to seal or expunge.

    Third, assuming it has been more than 2 years since your judgment and sentence were ordered, you are most likely unable to reopen your case due to your lawyer's failure to properly counsel you.

    I wish I could have offered you good news. If there is anything else that I can be of assistance, feel free to call me: 954-531-7772

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