Can a domestic violence charge be expunged once completed? - Criminal Law Questions and Answers- LawQA.com

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Can a domestic violence charge be expunged once completed?

I was convicted of domestic violence against my spouse. This was my first offense and I attended an anger management course, two year probation of good behavior, and also had my firearm taken the day of arrest. I completed my 2yr probation and could not retrieve my firearm because they destroyed it.

Answer By Janis L. Blough

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Provided this is your only conviction, misdemeanor or felony, and five years have passed since you completed probation, an experienced attorney can help you petition to have your record expunged. Good luck!

Answer Applies to: Michigan
Replied: 9/18/2012

R. Jason de Groot, P.A
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You cannot get an expungement for a conviction. Because you were on probation for 2 years, I assume it was a felony. You might be able to get a pardon.

Answer Applies to: Florida
Replied: 9/17/2012

Answer By B. L. Conway
Conway Law Pllc.
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Not in Ole Va. I am sorry to Say. You have the Socialist Conservative Republicans to thank for that. They have been in Control Far Too Long. The Only Way Right Now is to get a Pardon from the Governor.

Answer Applies to: Virginia
Replied: 9/15/2012

Answer By John Carney
Law Offices of John Carney
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New York State does not have an expungment statute. Once you are convicted of a crime it will be on your record forever and can never be removed. That is why it is so important to not get arrested in the first place and if you are it is best to retain a good criminal lawyer to try to get a violation ot dismissal of the charges. The prosecutors do not dismiss domestic violence cases very often and will require counseling, an Order of Protection, and probation as well as a criminal record. The second offense will usually require a jail term and another Order of Protection. If you violate that order the judge will usually sentence you to a jail term, even if the wife or girlfriend wanted to see you. Domestic violence cases are difficult because they are not taken lightly and the prosecutors want a conviction on almost every case if you are guilty.

Answer Applies to: New York
Replied: 9/14/2012


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You should check with your probation office to see about the ability of having them help you with a PC 1203.4, etc. Petition. There is a fee for this and your probation must have been completed without any further violations of law.

Answer Applies to: California
Replied: 9/14/2012

Answer By Steven Alpers

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THERE IS NO EXPUNGEMENT IN CALIFORNIA. The prohibition on gun ownership lasts 10 years beyond the ending of probation.

Answer Applies to: California
Replied: 9/14/2012

Answer By Terry Nelson
Nelson & Lawless
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Possibly. While the general rule is Records are forever, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes [PC 286(c), 288, 288a(c), 288.5. 289(j), 261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove', ?erase? or disappear the conviction. It does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense. If you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Answer Applies to: California
Replied: 9/14/2012

Timothy J. Thill P.C.
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This type of criminal offense cannot be expunged nor sealed, in Illinois.

Answer Applies to: Illinois
Replied: 9/14/2012

Michael Breczinski
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Did they let you do all this under the statute where after you sucessfully complete it then thye dismiss the matter If so you have to do nothing. If not do you have any other criminal convictions If not then after 5 years you can get it expunged.

Answer Applies to: Michigan
Replied: 9/14/2012

Law Office of Richard Williams
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There is no expungement law in the State of Alabama. At this moment your conviction is a permanent conviction and requires a permanent ban on you being allowed to won or possess any firearm. There has been, in the past, an expungement bill pending in the Alabama legislature but it is yet to pass.

Answer Applies to: Alabama
Replied: 9/14/2012

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