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Can i have my ADJUDICATION WITHHELD Battery DM sealed or expunged?
Anonymous16 views4 answers
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) ..
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!
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
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.