Jump to content
Sign in to follow this  
babylogan

Expungement of battery charge

Recommended Posts

I pled no contest to battery in 1996 and it was nonadjudicated. Can I get the record expunged?

I want to return to work after 10 years of raising grandkids and find this is a problem. Will it show up on background checks? Also my son wants me to get a concealed weapons permit for self protection, am I allowed to own a firearm? I live in Florida.

Share this post


Link to post
Share on other sites
Guest FindLaw_Amir

To learn more about this subject matter, you may wish to visit the Florida Department of Law Enforcement: Seal and Expunge Process as a good start. I also suggest you visit the Criminal Law Center: Expungement and read Expungement Eligibility. For further clarification, you may consult with a local Florida Lawyer to advise you on your specific matter.

Share this post


Link to post
Share on other sites

Hello.

If your case was in Florida, you could expunge the record only if your case had been dismissed. If you pled no contest to a simple battery, you should be able to seal it - if adjudication was withheld, if you have never had a record sealed or expunged before, and if have never been adjudicated guilty of any crime. If the battery was a felony and adjudication was withheld, you would need to review a list of crimes which cannot be sealed before you would know if you are eligible.

If you are eligible to seal your record, you can apply on your own by obtaining the forms and instructions from the Florida Department of Law Enforcement (FDLE) or use a Do-It-Yourself Seal/Expungement Kit from a Florida expungement attorney, or have an attorney handle the whole process for you. If you need help from the start, you can request a Free review of your eligibility.

If you have your record sealed, Florida law says that you must acknowledge the arrest in the record in some circumstances and that some entities, usually governmental, can have access to your sealed record in limited circumstances. One of those circumstances is when you apply to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer who must conduct a record check on you based on Florida or federal law.

Please visit the Dept of Agriculture and Consumer Services/Division of Licensing's website for licenses to carry concealed weapons/firearms. The site has applicationforms/instructions and a page with specific questions to answer about eligibility. Based on what you have said, if your case was a simple (misdemeanor) battery and did not involve domestic violence, and if you received "adjudication withheld", that case by itself should not disqualify you from getting a license, because more than 3 years have passed since your case was finalized.

Here's part of the law: "The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged." For purposes of this type of license, a "crime of violence" includes a misdemeanor battery. (Section 790.06, Florida Statutes)

I admire you - raising your grandkids and returning to work! I'm tired just thinking about grandkids. Best wishes.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...