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  1. #1
    Join Date
    Apr 2006
    Posts
    6

    Default Lewd and lascivious battery

    how do you expunge/pettition a lewd or lascivious battery in florida. If someone failed to registeer do they face 5 yrs? My boyfriend was charged w/ lewd and lascivious battery only because he was 19 and she was 15 and the father finally felt like being a father. HE later got caught up in some wrongful suspended liscense crap. He had a liscence taken for not paying a ticket, which got paid just in time. I know this b/c I paid it.He cleared it up with the county the ticket was in. Then he went and got a new liscense the next day, to drive and keep up with his registration as a sex offender. A couple of months later we figured out the suspended license was not taken care of , because they took the new liscensc. At this point I just started a new semester of school(expensive) and he just found a job. Now we had no money to get him a new I.D. card when his liscense was wrongfully taken again. Now why should he be facing 5 yrs. in prision, as he is just tring to staert his life for not having an I.D. The I.d. was wrongfully taken in the very first place.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Even if your boyfriend can get the conviction expunged, it won't make the new charge go away. Beyond that, Florida appears to permit expungement only where the charge is dismissed, nolle prossed, or results in acquittal, provided that the applicant has not been found guilty of a subsequent offnese. It also permits criminal records to be sealed where there is no adjudication of guilt, such as where a defendant receives a delayed disposition. But Florida does not appear to offer similar remedies following conviction.

    If he has not already done so, your boyfriend needs to consult a criminal defense lawyer.

  3. #3
    Join Date
    Apr 2006
    Posts
    6

    Default Thanks

    This whole mess happened before I came Around, except the failing to register. He is currently in leon county for that. HE has not been convicted of that yet. I have now consulted an attorney for him and he may take it to trial. His attorney said it's up to the state attorney to proove he lived at my residence, which she can't. My mom stayed with me enough to say that. The question in the end I think will be aBOUT HIS I.D that was wrongfully taken twice. HE got a new one the first time when he had the means to. So I don't know. I going through hell and just want to get on with our lives, and not in 5 years!!

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