Legal Question in Criminal Law in Florida

Is it possible for me to withdraw my initial plea?

In 2009 I was arrested for domestic battery and charged under S784.30(1)(A). It was my first and only offense. Adjudication was with held and to my understanding, I was NOT convicted.

In 2010 I attempted to have my records sealed but my application was denied by FDLE.

I've had two attorney's tell me that it is possible to appeal the decision and win, however most of the information I gathered online states other wise. A plausable option I've read AND been told was that I could hire an attorney to withdraw my initial plea.

Could anyone please tell me how likely it is for me to do this? When I plead no contest I had no knowledge of the court system and what that meant. The public defender told me it would prevent me from receiving time, and it would not affect me in life, so I made decision based on that. They were wrong. I had ineffective assistance of legal counsel and I was misinformed.

Today I was offered employment contingent upon satisfactory background check, upon these findings the employment offer was with drawn. Now I am concerned that I will be denied entrance into nursing school due to this.

Is withdrawing my initial plea possible? Would it take long? Is it an expensive process?

Any help will be GREATLY appreciated. Thank you all in advance.


Asked on 6/05/12, 6:43 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The two attorneys gave you bad advice. You can not get a domestic battery charge sealed ever, even if adjudication was withheld. The statute makes it very clear that certain charges, among them murder, arson, and yes, domestic battery are never eligible to be sealed, even when adjudication was withheld. Withdrawing your plea MIGHT be an option. However, it is usually only done within 30 days of the plea. There are exceptions and your case may be one of them. You need to get an attorney as soon as possible. Hire one in the area that knows the judges and prosecutors and they will let you know what your chances are.

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Answered on 6/05/12, 7:43 pm


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