Can a domestic violence charge be expunged once completed? 23 Answers as of May 28, 2013

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.

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Blough Law Office | Janis L. Blough
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
R. Jason de Groot, P.A | R. Jason de Groot
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: 9/18/2012
Conway Law Pllc.
Conway Law Pllc. | B. L. Conway
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: 9/18/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
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: 9/18/2012
Attorney at Law | Michael P. Vollandt
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: 9/18/2012
    Steven Alpers | Steven Alpers
    THERE IS NO EXPUNGEMENT IN CALIFORNIA. The prohibition on gun ownership lasts 10 years beyond the ending of probation.
    Answer Applies to: California
    Replied: 9/18/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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: 9/18/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    This type of criminal offense cannot be expunged nor sealed, in Illinois.
    Answer Applies to: Illinois
    Replied: 9/18/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    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: 9/18/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    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: 9/18/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you may be able to file a petition to annul (not expunge) the record of your conviction provided you have met the statutory requirements. You should consult with a NH criminal defense attorney to assist you.
    Answer Applies to: New Hampshire
    Replied: 9/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can petition the court to expunge your conviction but your chances are slim. In Minnesota, a domestic violence conviction is enhanceable. This means that a subsequent charge within ten years of the first is more serious because of the first conviction. For this reason, courts are very reluctant to expunge that first conviction.
    Answer Applies to: Minnesota
    Replied: 9/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If you have a conviction, it will not be expunged.
    Answer Applies to: Georgia
    Replied: 9/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    If that is your only offense, you can ask for an expungment after 6 years from the date of sentencing.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the sentencing order issued by the judge. Domestic violence is a crime of violence. Generally, crimes of violence are very difficult to have expunged. Look at your sentencing order. If it is silent on this issue, you may want to bring a motion before the judge who sentenced you. Also, if it is able to be expunged, the court (and statute) require the passage of 5 years after the completion of probation, during which time you can have no violations of the law anywhere.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Cannot get it expunged. You may be eligible for a set aside.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
    Gates' Law, PLLC | Thomas E. Gates
    You need to petition the court for your right to own a firearm.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Five years after you complete probation, pay your fines and complete all conditions, you may petition the court where you were convicted to vacate and dismiss the charge or charges. You must have maintained a clean record for five years and that five years begins at the end of your probation. If you visit the Washington State Courts web site, search court forms, you will find the necessary forms and instructions. Note that you must petition separately to have your firearms rights restored once you have the conviction vacated. You can accomplish both at the same time. The filing fee for each petition is $240.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No.
    Answer Applies to: New Jersey
    Replied: 5/28/2013
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No.
    Answer Applies to: New York
    Replied: 5/28/2013
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Yes. There are a number of factors involved in determining eligibility but if you meet all the factors then you can get it expunged.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    No. A domestic violence conviction can only be terminated if it was not a felony after seven years from the date of completion of your probation.
    Answer Applies to: Nevada
    Replied: 9/14/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    No. There are no crimes of violence that can be expunged in Missouri.
    Answer Applies to: Missouri
    Replied: 9/14/2012
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