I pled no contest to the reduced charges of simple assault and simple battery. Adjudication was witheld on both.

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Am I able to have my record sealed? The charge that reduced to simple battery was originally aggravated battery against a pregnant person and the charge that reduced to simple assault was originally domestic battery. I also need to know if I will be able to purchase a firearm in the future. As I mentioned adjudication was witheld on both charges.

Attorney Answers

2
Dominick Russo ·
Acts of domestic violence, even as misdemeanors, even with withholds CANNOT be sealed. From the FDLE website: A list of reasons that would disqualify your application: "Disqualifying Charges for Expunction/Sealing A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following: Offenses listed in S. 907.041, F.S. 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." The last line lists Any Act of D.V. That means no sealing, even though you got a withhold, even if it was reduced to a misdemeanor, because the accusation was one of domestic violence. . .
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Adam Bantner ·
I respectfully disagree with the previous poster. As long as you were convicted of simple battery only, you are eligible to seal it, as long as you meet the other requirements as well. As for the purchasing of a firearm, a misdemeanor conviction in Florida does not prevent you from buying a gun. However, there may be a Federal law that prohibits purchase based on the act of domestic violence. I am not a gun rights expert so you may want to seek guidance elsewhere. Good luck.
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