Can i have my ADJUDICATION WITHHELD Battery DM sealed or expunged?

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I have nothing else on my record other than that Battery charge which states it is ADJUDICATION WITHHELD , I completed my 1 year probation (with early termination) ..

Attorney Answers

4
Gretchen Brantley ·
You most certainly can. Go to the Florida Department of Law Enforcement's Web site. Click on the tab that says sealing or expunging. They will mail you a packet. Once you receive it, make sure to follow the instructions carefully. Most people mess up on getting their fingerprints taken. You must have your fingerprints rolled by a law enforcement officer on a fingerprint card. Then, take the packet to your local state attorney's office. They will need to make sure adjudication was withheld and sign off on it. Complete the remaining requirements, pay the fee and you are good to go. Good luck!
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Amir Ladan ·
Before we can determine whether criminal charges qualify for sealing or expunging, we must first determine whether there are any prior convictions. You can only expunge a criminal offense if the charges were not filed on by the State, or if filed upon, that they were dropped or dismissed. You MAY qualify to seal your record, so long as you received a withhold of adjudication AND so long as you have no prior convictions of any kind. Therefore, if you have any prior conviction on your record, you would not qualify to seal this record. I recommend you contact local counsel to have them review your background and verify that you do in fact qualify to seal your record before going through the time, effort and expense of filing for the Certificate of Eligibility with FDLE. Should you qualify, an attorney can assist you in filing the necessary paperwork to begin the process and will be able to ensure that your Petition to Seal and accompanying affidavit meet the statutory requirements as set forth in Florida Statute 943.059. Amir Ladan Carsten & Ladan, P.A. Offices in Orange, Seminole & Osceola Counties
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Craig Epifanio ·
If the battery was a domestic battery, then you can NOT get the charge sealed or expunged. Otherwise, you may be eligible. You should talk to an attorney in your such as Don Waggoner. He should be able to help you out. Good luck.
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Rogerp Foley ·
To my esteemed collegue Gretchen below: you are absolutely incorrect domestic violence charges in Florida can not be sealed or expunged. To Mr. Kissimmee : Don't waste your money ($75 dollar application fee) because it can not be done. Read the staute on sealing and expunction. Ineligible Offenses for Sealing or Expungement If you plead guilty or nolo contendere (no contest) to any of the following offenses, you are ineligible to have your criminal record sealed or expunged under Florida law. ■Aircraft piracy - Section 860.16, Florida Statutes ■Arson - Section 806.01, Florida Statutes ■Assault (Aggravated) - Section 784.021, Florida Statutes ■Battery (Aggravated) - Section 784.045, Florida Statutes ■Battery (Sexual) - Chapter 794, Florida Statutes ■Burglary of a dwelling - Section 810.02, Florida Statutes ■Car jacking - Section 812.133, Florida Statutes ■Child (Abuse or Aggravated) - Chapter 827, Florida Statutes ■Child (Sex with 12 to 18 by familial or custodial authority) - Section 827.071, Florida Statutes ■Child (Sexual performance Of) - Section 827.071, Florida Statutes ■Communications Fraud Act Violations - Section 817.034, Florida Statutes ■Domestic Violence (Resulting in Injury) - Section 741.28, Florida Statutes ■Drug Trafficking - Section 893.135, Florida Statutes ■Elderly (Abuse or Aggravated) - Section , Florida Statutes ■Explosives, illegal use of - Section 790.001, Florida Statutes ■Homicide - Chapter 782, Florida Statutes ■Kidnapping - Chapter 787, Florida Statutes ■Lewd or lascivious offenses (Presence of persons less than 16) - Section 800.04, Florida Statutes ■Lewd or lascivious offenses (Elderly Persons) - Section 825.1025, Florida Statutes ■Manslaughter - Section 782.07, Florida Statutes ■Obscenity (Providing to Minors) - Section 847.0133, Florida Statutes ■Obscenity (Computer Pornography) - Section 847.0135, Florida Statutes ■Obscenity (Selling or Buying Minors) - Section 847.0145, Florida Statutes ■Prostitution (Procuring under 18) - Section 796.03, Florida Statutes ■Public Officer or Public Employee Offenses - Chapter 839, Florida Statutes ■Robbery - Section 812.13, Florida Statutes ■Robbery (Home Invasion) - Section 812.135, Florida Statutes ■Stalking and Aggravated stalking - Section 784.048, Florida Statutes ■Sexual Misconduct - Section 393.135, Florida Statutes ■Sexual Misconduct (DCF) - Section 394.4593, Florida Statutes ■Sexual Misconduct (Corrections) - Section 916.1075, Florida Statutes ■Terrorism - Section 775.30, Florida Statutes
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