Clear a Jacksonville Battery Charge from Florida Criminal Record

Florida Criminal Record

Florida Criminal Record

When it comes to clearing your Florida criminal record, you may want to consider getting your record sealed or expunged in Jacksonville.  In general, you can seal or expunge a Florida criminal record, as long as you have never been convicted or adjudicated guilty of a crime in Florida or anywhere else. In most Jacksonville criminal cases, you can seal your Florida criminal record if you received a withhold of adjudication, but you cannot have any other convictions.  You are eligible to have your record expunged in Jacksonville, if your charges were dropped or you completed a Jacksonville pretrial diversion program.  It is important to note that if your Florida criminal charges were dropped and you are eligible to expunge your Florida criminal record, the Jacksonville crime that you were arrested for does not matter.  You can request to expunge your Florida criminal record.

On the other hand, there are certain Florida crimes that cannot be sealed in Jacksonville.  Even if the Duval County court withholds the adjudication, you still cannot seal your Florida record if your Jacksonville criminal charge is a disqualifying offense. It does not make a difference you pleaded no contest to the charge in Jacksonville, Florida.  These Jacksonville criminal charges that will disqualify you from clearing your record through a Jacksonville record seal can be found in Florida Statute 907.041.

For example, you cannot seal or expunge a Jacksonville aggravated battery or Jacksonville domestic battery if you have pleaded guilty or no contest to the charge. This is the law regardless of whether or not you received a conviction or a withhold of adjudication for the Jacksonville criminal charge.  What if you were arrested for Jacksonville aggravated battery or Jacksonville domestic battery, but the charges were amended to Jacksonville fighting or affray or Jacksonville simple battery? The Florida Supreme Court has not decided whether or not you can seal a Jacksonville domestic battery or Jacksonville aggravated battery charge if your charges were bumped down to a Florida criminal charge that you can seal (such as Jacksonville simple battery or Jacksonville fighting or affray).  I have been sealing and expunging Florida records for years.  If you were arrested for a disqualifying charge, such as Jacksonville domestic battery or Jacksonville aggravated battery, the Florida Department of Law Enforcement will likely not grant your request for a certificate of eligibility, so you can seal your Florida record.

I do not agree with the FDLE’s decision to reject a Florida criminal defendant’s application for a certificate of eligibility.  If a person has pleaded guilty or no contest to a lesser criminal charge in Jacksonville, he should be able to petition to have his record sealed in Jacksonville.  I have successfully challenge the FDLE when it has rejected a Jacksonville criminal defendant’s application for a certificate of eligibility for a Florida record seal.  If you receive a letter from the FDLE rejecting your application to seal or expunge your Florida criminal record, you only have 30 days from the date of the FDLE’s rejection letter to ask for a court order.  It is important to discuss your case with a lawyer in Jacksonville about sealing or expunging a Florida criminal record for you.   At 20 Miles Law, a criminal lawyer in Jacksonville will discuss your Florida record seal and see if you may be able to clear your criminal record in Florida.  Call Jacksonville record sealing lawyer at 20 Miles Law.

 

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