Seal or Expunge a Battery Charge
Can you seal or expunge a battery charge? It depends.
If you are “convicted” or adjudicated guilty of any form of battery, even a misdemeanor for simple battery, you will never be eligible to seal or expunge that record or any other record in Florida. See Sections
You can petition for a court-ordered expunction of the battery if the charge is dropped or dismissed and you have no other convictions in Florida.
You can seal a simple battery under Section 784.03 if the court withholds adjudication.
Some types of battery charges are not eligible to be sealed (even if the court withholds adjudication), including:
- domestic violence battery committed by one family or household member against another family or household member, as defined in Section 741.28(3);
- aggravated battery, as defined in Section 784.045(1)(a)1. for causing great bodily harm;
- aggravated battery, as defined in Section 784.045(1)(a)2. for using a deadly weapon;
- aggravated battery against a pregnant female under Section 784.045(1)(b);
- felony battery, as defined by Section 784.03; or
- domestic battery by strangulation, as defined by Section 784.041.
Attorney to Seal or Expunge Battery Charge in Tampa, FL
If you have questions about whether you can seal or expunge an arrest record after an arrest for battery, contact the criminal defense attorneys at Sammis Law Firm in Tampa, FL.
The rules for sealing or the expunction of a criminal record depend on various factors, including the specific charge, how the case was resolved, whether the court imposed an adjudication or a withhold, and whether the subject has certain prior convictions in Florida.
Under the new rules for sealing and expunging a criminal history record in Florida, whether you have any convictions out of state no longer matters.
Contact us to find out if you can seal or expunge the criminal record for battery or aggravated battery under Section 943.059, 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code.
Call 813-250-0500.
This article was last updated on Friday, May 10, 2024.