Can I seal a domestic violence battery charge in Florida?

An act of domestic violence, as defined in s. 741.28 CAN NOT be sealed if you take a plea to the charge even if adjudication is withheld. Florida statute 741.28 is listed below.

So, if you are charged with domestic violence the only way to later remove that charge from your record is if the charges are dismissed, dropped, or you are found not guilty.  You may also be able to seal a charge originally charged as domestic violence if you end up taking a plea and getting a withhold of adjudication to an offense that is not domestic violence related. For example, you are charged with domestic violence battery, but you negotiate a deal with the state attorney to take a plea to a "simple battery" that is not domestic related. This deal should be clearly spelled out on the record and in writing so that when you try to seal the case later, there will be no question that you DID NOT take a plea to a domestic violence related charge. It would be best to consult with an attorney before you take a plea on any domestic violence related charge as it may stay on your record forever.

741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:
(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.
 
Question regarding sealing or expungement? Call me or go to my website for a free consultation. 
 
Nicolas Babinsky, Esq. 
SealMyRecord.com
305-910-4590 
Sealing and Expungement of criminal arrest records in Florida since 2003. 
Serving Miami Dade, Broward, Orange, Palm Beach, Hillsborough, and all Florida Counties!

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