Seal or Expunge a Battery Charge
Can you seal or expunge a battery charge? It depends. If the battery or aggravated battery is dropped or dismissed, then you might be eligible to expunge the record, but only if you have no other convictions in Florida that would disqualify you for this type of relief.
On the other hand, if you are “convicted” of any form of battery, even a misdemeanor for simple battery under s. 784.03, then you will never be eligible to seal or expunge that record.
In fact, most misdemeanor convictions will not prevent you from sealing or expunging another qualified criminal history record. But a misdemeanor “conviction” for battery under s. 784.03 is particularly serious because it will automatically prohibit you from ever being eligible to seal or expunge any other record in Florida.
For this reason, it is important to avoid a “conviction” by getting the court to withhold adjudication. If you get a withhold of adjudication and successfully complete probation, then you might be eligible to seal the record.
Some types of battery charges, however, 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 s. 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, then 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 a variety of 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 types of prior convictions in Florida.
Under the new rules for sealing and expunging a criminal history record in Florida, it no longer matters whether you have any convictions out state.
Contact us to find out if you can seal or expunge the criminal record for battery or aggravated battery.
This article was last updated on Friday, May 8, 2020.