Can I get my Domestic Violence charge expunged? 16 Answers as of June 20, 2013

I was arrested for a misdemeanor, charge was Disorderly Conduct and Domestic Violence. I completed my classes, paid my fines, completed my plea agreement. Is there anyway possible I can expunge Domestic Violence from my record? This ordeal was my first and only arrest.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Generally speaking, a person may be able to expunge a prior conviction;? assuming their sentence was finished over five years ago, the rest of their record is clear, including juvenile offenses, or if they have other priors, that there are no more than three, and that they are "minor" offenses, meaning offenses punishable by less than ninety days of jail. MCL 780.621 et. al. In order to file to have it set-aside, they need to file the motion with the court and conduct a hearing. It can be, depending on the charge, a challenging and time consuming process, so retaining counsel is certainly recommended. The price for retaining an attorney varies, so it's worth a few phone calls.
Answer Applies to: Michigan
Replied: 6/20/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
In Michigan you have to wait 5 years and if you have no other convictions, then petition the court to expunge it.
Answer Applies to: Michigan
Replied: 6/20/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
We don't do expungements in Nebraska we do pardons and set asides.
Answer Applies to: Nebraska
Replied: 6/18/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
After you have successfully completed probation, you can petition for dismissal under Penal Code section 1203.4. If granted, this changes the status of the case from a conviction to a dismissal.
Answer Applies to: California
Replied: 6/17/2013
LeadfootSpeedingTicket.com
LeadfootSpeedingTicket.com | Andrea Storey Rogers
No, a conviction for domestic violence can not be expunged. Only a few types of felonies and misdemeanors qualify for expungement and domestic violence and disorderly conduct don't qualify. It's possible to get the record of an arrest expunged if it was based on false information and no charges were filed, but that doesn't seem to be what happened in your case.
Answer Applies to: Missouri
Replied: 6/17/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted of the offenses, and given a non-expungeable sentence, you can never get them expunged. However, if you got some form of diversion program, or expungeable probation, you may be able to get them expunged, assuming you successfully completed the requirements. In any case, even if convicted, you might qualify for a seal on your record. Check with the clerk of court in the county where the case was held for further information.
    Answer Applies to: Illinois
    Replied: 6/17/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Probably not, since it was a crime of violence. I would have to see the sentencing order.
    Answer Applies to: Washington
    Replied: 6/17/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    If you were given a deferred sentence (plea guilty but if complete all conditions, then charges dismissed), then yes if this is a conviction, then no.
    Answer Applies to: Colorado
    Replied: 6/17/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, as long as you've successfully completed probation and have no new charge(s) pending.
    Answer Applies to: California
    Replied: 6/17/2013
    Law Office of Andrew Gable | Andrew Gable
    What was official disposition of case?
    Answer Applies to: Illinois
    Replied: 6/17/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    7 years after the completion of your case, you may seal your records.
    Answer Applies to: Nevada
    Replied: 6/17/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Domestic violence cases can only be expunged after seven years from the time your case was closed.
    Answer Applies to: Nevada
    Replied: 6/17/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    If the incident occurred in Colorado - you may be qualify to seal the record. It would depend on how long ago the incident occurred, the charges, and potentially alleged victim impact. If you want to pursue a sealing, it would be best to contact a local criminal defense attorney to review your options and/or the cost to seal a record.
    Answer Applies to: Colorado
    Replied: 6/17/2013
    William L. Welch, III Attorney | William L. Welch, III
    Information about expungement is available on the forms tab for district court at mdcourts.gov.
    Answer Applies to: Maryland
    Replied: 6/17/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to examine the record. It might be possible after a sufficient passage of time.
    Answer Applies to: Michigan
    Replied: 6/17/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    This depends on the charges on which you were convicted. In general, New York does not permit sealing or expungement of misdemeanor and felony convictions.
    Answer Applies to: New York
    Replied: 6/17/2013
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