Collateral Consequences of a Daytona Beach Domestic Violence Case (Part 1)
If you plea to any charge in Florida and are adjudicated guilty you can never seal or expunge your record. This is true for a misdemeanor or a felony conviction. This issue can be avoided in many cases by negotiating for adjudication to be withheld. In Florida some offenses are not eligible to seal even if adjudication is withheld. Those charges include: 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, Manslaughter, Sexual Battery, Robbery, Carjacking, Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years, 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 a person in familial or custodial authority, Burglary of a dwelling, Stalking and Aggravated Stalking, Act of Domestic Violence as defined in s. 741.28 F.S., Home-invasion Robbery, Act of Terrorism as defined by s. 775.30 F.S., Manufacturing any substances in violation of chapter 893, Attempting or conspiring to commit any of the above crimes.
Most of the charges that cannot be sealed are serious felonies. The two exceptions are domestic violence and stalking. These are the only misdemeanors that you cannot seal. DUI cannot be sealed because the statute requires adjudication of guilt. If you are accused of Domestic Violence in Daytona you need a Daytona Beach domestic violence attorney. Attorney Kevin J. Pitts has prosecuted and defended domestic violence cases in Daytona Beach and the surrounding areas. Call 386-451-5112 for a free case review with former prosecutor and criminal defense attorney Kevin J. Pitts.
If an injunction or divorce has been filed against you or you are considering a divorce we can also handle that. For more information on injunctions go to Daytona Beach injunction attorney.