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Can my wife expunge her domestic battery misdemeanor criminal charge if she has a juvenile record?

Orlando, FL |

i filed a declination of prosecution and the state "no filed" it. Now i want to get my wife's record expunged. I have been looking at it online, and see kinda what its about. But my question is i think she have a juvenile arrest record she is now 31, no other arrests or even speedings tickets can she still get this charged expunged?

Attorney Answers 4

Posted

This question is best suited for a criminal attorney, however, if it was nolle prosequi then I believe it would be more of an issue of getting the record sealed. Good luck!

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Posted

If she wasn't adjudicated delinquent (or received a withholding of adjudication on certain crimes listed in the statute) on the juvenile case, her dismissed adult case can be sealed. Although the statute doesn't technically allow for the case to be expunged (which literally shreds the file and erases it from many computers) until it has been sealed for 10 years, I often see it done.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Posted

She can apply for an expungement/seal. Although the matter might not be able to be expunged initially, I have recommended in other similar circumstances that the individual file first to expunge and if denied, then to file for the seal. If she can only seal, then she can seek to expunge in ten years. She can seek counsel to aid her in this and it can be done most times for between $500 and $1000 with counsel.

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Posted

A No File is a dismissal, which actually permits her to have it expunged. Per Florida Statute, FDLE is obligated to maintain a criminal record of juvenile offenses until the 23rd birthday of the defendant and is only required to maintain it beyond that age if a criminal offense is perpetrated between the person's 18th and 23rd birthday. If she was adjudicated delinquent as a juvenile, she may have issues getting the record expunged, but it's worth the effort to petition the court to have it expunged.

Take a look at below FDLE web page and hire a local criminal defense lawyer to assist you with the expungement.

http://www.fdle.state.fl.us/Content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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