Legal Question in Criminal Law in Florida

I live in Florida (Clay County when this incident occurred). In October 2015 my wife and I got into a fight and I pushed her. She was very angry and upset, and ended up calling the police and I was arrested. She tried repeatedly to drop the charges and readily admitted that she overreacted, but the district attorney would not even speak to her. She was told that after charges were made, the state takes over and she had no control over what happened.

I pled no contest initially, and my lawyer never advised me to amend my plea (he was hired after my initial court appearance) even though my wife was fully supporting me. The initial charge was Domestic Battery but they were reduced to simple assault, and adjudication was withheld.

I recently applied to FDLE for a Certificate of Eligibility in order to have my record sealed, but just received a letter stating that the request would not be granted as the charge was Domestic Battery.

Based on this information, do I have any recourse? Is it possible to request a modification to the charge/conviction? I completed all of the conditions that the judge might impose before disposition of this case- before he even imposed them (anger management classes specifically), and I paid the fine immediately. My wife and I are still together and have been for 23 years and there has never been another incidents such as this. Again, she was just upset and really just wanted me to leave- that’s what she called the police. She has stated from the beginning that had she any clue this would be the result, there is no way she would have taken those actions.

I would appreciate any guidance you can provide. Thank you in advance.

Asked on 1/24/19, 6:41 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You MAY have recourse but every county is different. You should contact an attorney that handles Clay County cases to see what, if anything, can be done.

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Answered on 1/24/19, 9:39 am

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