Q: I have a 2009 Judication Withheld for domestic violence (Threat by Verbal). Can the be expunged of vacated?
A:
Just so you know , the word is "adjudication."
You cannot have it vacated. It is final.
You cannot seal nor expunge domestic violence convictions even with adjudication withheld.
Even if you would receive a pardon, you cannot get it sealed or expunged
A:
You cannot expunge a domestic violence offense. For more information here is a list of offense you cannot seal or expunge:
393.135 Sexual misconduct of developmentally disabled
394.4593 Sexual misconduct of the mentally disabled
787.025 Luring or enticing a child
Chapter 794 Sexual Battery (if your charged starts with 794.nnn you are ineligible)
796.03 Procuring person under age of 18 for prostitution
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
810.14 Voyeurism
817.034 Florida Communications Fraud Act
825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person
827.071 Sexual performance by a child
Chapter 839 Offense by Public Officers and Employees
847.0133 Protection of minors; prohibition of certain acts in connection with obscenity
847.0135 Computer pornography; traveling to meet minor
847.0145 Selling or buying of minors
893.135 Trafficking in Controlled Substances
916.1075 Sexual misconduct mentally ill defendants
Arson
Aggravated assault
Aggravated battery
Illegal use of explosives
Child abuse or aggravated child abuse
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
Aircraft piracy
Kidnapping
Homicide (Murder)
Manslaughter
Sexual battery (Rape)
Robbery
Carjacking
Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority
Burglary of a dwelling
Stalking and aggravated stalking
Act of domestic violence as defined in s. 741.28
Home invasion robbery
Act of terrorism as defined in s. 775.30
Manufacturing any substances in violation of chapter 893 (Controlled Substances)
The list above includes attempts to commit such crimes also.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
