Spring Hill, FL asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida

Q: Can past DVI be removed from record in FL?

7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.

Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.

I didn’t want this family member around me no more as they were very dangerous individual.

The judge asked me if I agreed to have the DVI granted and I said “if it keeps her away from me, then yes cause I wanted to get a DVI anyways against this person”..

Judge “ so you agree to have this DVI stand?”

Me: “yes”

I had no idea that in FL the petitioner was allowed to contact the accused in a DVI, judge NEVER informed me of this or I NEVER would have agreed to DVI.

10 days after the order was placed, petitioner dropped the DVI.

This was 7 years ago. No criminal activity or charges were found/filed.

Is there a way to get DVI removed, cause I want to get my license to carry/own a weapon in another state I’m moving to but pretty sure they will see this DVI from my past an reject it.

1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
PREMIUM
Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per your question, don't appear to apply to you:

The Department of Agriculture and Consumer Services is prohibited from issuing a license to carry concealed weapons or firearms where the applicant has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence 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. § 790.06(2)(k).

A license to carry a concealed weapon or firearm may not be issued to a person subject to a current injunction for protection against domestic or repeat violence. § 790.06(2)(l).

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